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HomeMy WebLinkAbout1000-47.-2-17PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OY~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: James King, President Members of the Board of Trustees From: Mark Terry, Senior Environmental Plann~(~ LWRP Coordinator Date: July 18, 2006 Proposed Wetland and Shoreline Permit for John Shack SCTM#1000-47-2-16 and 17 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. I Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. ] 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the $outhold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed addition to the residence from a tidal wetland is proposed at 39 feet; a minimum separation distance of 100' is required pursuant to Chapter 97-12. Please require that applicant amend the application to meet the above policy. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. . , LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All apphcants for pemfits* including Town of Southold agencies, shall complete this CCAF' 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 que,qtions in Section C, thc preparer of this form should review the exempt minor action list, policies and e. xplanafions of each policy contained in the Tox~ 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 fom~ is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review lear. Thus, the action should bo 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 condition,q, it shall not ~. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown. norflffork.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# ~27 , ~ 7&-17~: ~ I.5 . I ~ L' JUN 16 2006 The Application has been submitted to (check appropriate response): l___~ ?.:. :',:i~ ~" 'ow..o rd Zff Bo d [] B.ad,. I,' · Category of Town of Southold agency action (check appropriate response): ' ~', a A ' ' ' ( ) ctmn undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land ~.nsaction) [] (b) Finan..cial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: S!te acreage:. Present land use: cc:M~ Present z0~g classification: .... If ~ applicaffon for the proposed ~tion h~ been fil~ with ~e To~ of Son,old agency, tho foltow~g infomation sh~l bo prodded: (a) Nme of applic~t: (b) Mai~g~s: {~ ~~T ~T~F (c) Telephone number: Area Code ( ) -/~t .~ ~'~_ [ 16, S (d) Application number, if any:. Will tho action bo directly undertaken, require funding, or approval by a stale or federal agency?. Yes R No ~ ff. yes, which state or federal agency?. C. DEVELOPED COASTpOLICY 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 adYerse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes ['"] No .~ Not Applicable Attach additional aheets if n~c~aary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria [---] Yes [-~ N0 ~ Not Applicable ARach additional sheets if necessary Policy 1 I. Promote sustainable use of living marine resources in Long Island Sound, the Peconlc Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through .62 for evaluation criteria. ~ Yes ~ Ih'o~ Not Applicable A~ach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section III - Policies; Pages 62 · through 65 forevaluation criteria. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L~VRP Section III - Policies; Pages 65 through 68 for evaluation criteria. NotAppll .ble Created on 5/25/05 11:20 AM Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See I~WRP Section !II - Policies Pages 6 through 7 for evaluation criteria ~ Y~s ~--] 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 ~ No ~.Not 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 [-"] Yes [] No ~Not Applicable Attach additional sheet~ if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastai Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. Yes [] No ~. Not Applicable. /~tRltCll aOOlllOllal ~.[leot~ ir'necessary ~olicy 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 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 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 Attach dditional sheets If necessary WORKING COAST POLICIES Policy I0. Protect Sonthoid'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. [] Ye, ~ No ~Not Al~plicable LWm' CONSISTENCY ASSESSMeNT,FORM INSTRUCTIONS All apphcants for permits* including Town of Southold agencies, shall complete this CCAF' for proposed actions that are subject to the TOwn ofSouthold Waterfxont 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 Permita and other ministerial permit, not located w#hin the Coastal Erosion tIazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and ~xplanafions 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 thc LWRP policy standards and conditions contained in the consistency review law. Thus, tho 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 LW'RP 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.norttffork.no0, the Board of Trnstees Office, the Planning Department, all local libraries and.the Town Clerk's office. ~ Planning Board LJ B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# '~7 ,: JUN 2006 The Application has been subraitted to (check appropriate response): I Town Board Board of ;r'r~tees Building Dept. 1. Category of Town of Southold agency action (check appropriate response): (a) Action underlaken directly by Town agency (e.g. capital [] constn:ction, planning activity, agency regulation, land Ixansaction) ~-] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, ceffification: Nature and extent of action: S!te acreage: ._. Presentlanduse:~:~E~ ~:~LL--l- Pr~ent zon~g cl~sificafion: ~ - ~ If ~ application for the proposed ~tion ha been film with ~e To~ of Sou~old agency, the follow~g info~ation shall be provided: (a) N~eofapplic~t: ~ ~ ~ ~ (b) Mai~g ad&~s:. {~ ~~T (o) Telephone number: AreaCode( ) '7~:~1-. ~'~... l I~,S (d) Application number, if any:__ Will tho action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-'] No ~ If yes, which state or federal agency?,. C. 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 ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Attach additional sh~e~s if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No ~ Not Applicable ~ttaoh, additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonlc Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for.evaluation criteria. E~JYes r-~ No~] NotAppltcable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L~VRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Created on 5/25/05 11:20 AM -.. ~-,~,~.~ v~um qun.~,~ auu F~Ut~ ~eulc f~sources tarOHg~OHt t~e Town of Southold. See Section !II - PoliCes Pages 6 through 7 for evaluation criteria Y~a ~ No ~ Not Applicable At~ach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, sWuetures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No NotApplic.ble Attach additional sheets ifnacessary 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 ~L,Not .Applicable ~ ~/~/ll~. ~ ~~. A~a~h additional sheet~ if necessary policy 6. Protect and restore the qualit3, and function of the Town of Southold ecosystems including Slgnfficant Coastal Fish and Wildlife Habitats and wetlands, see LWRP Section Ill - Policies; Pages 2Z through 32 for evaluation criteria. Not Applicable. '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 Attach additimlal sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes, See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes U'~ NO ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreatiouai use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRp Sectiou III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes No Not Ap,licab e Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses la suitable locations. See LWRP Section II1 - Policies; Pages 47 through 56 for evaluation criteria. ['~ Yes ~ No ~Not Al;plieable 0 I I J I I i .~' I I I I I iI,~*1 i--------4- I nq