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Home My WebLink About1000-111.-5-2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 13, 2007 Re: Request for Wetland Permit for Thomas Gluckman SCTM#111-5-2 THOMAS GLUCKMAN requests a Wetland Permit to install a solar panel approx. 25' landward of the existing bulkhead and inkind/inplace repair and replacement of the existing +/- 20'X 28' wood deck approx. 10' landward of the bulkhead. Located: 1350 West Cove Rd., Cutchogue. SCTM#111-5-2 The in/kind replacement of an existing wood deck is an exempt Minor Action and not subject to LWRP review pursuant to Chapter 268-3; Items A and B of the Town of Southold Town Code, which states: "Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit". The proposed installation of a solar panel approx. 25' landward of the existing bulkhead has been reviewed to Chapter 268, 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 below Policy Standards and therefore is INCONSISTENT with the LWRP: 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 from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites where relo6ation of an existing structure is not practical. 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 The action as proposed is located on a bluff; a minimum setback distance of 100 feet is required pursuant to Chapter 275-3. Findings; purpose; jurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold LWRP CONSISTENCY ASS~ ~'~ A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions th~I--~6 subject to the Town of Southold Waterfront Consistency Review Law. ~is~ assessmene-isqmended~'tS~s~i6~ment other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permit and othe~ ministerial permits not located w. ithin the Coastal Erosion Hazard Area 2. Before answering the questions in Section C,/flie preparer of this form should review the exempt minor action list, policies and exp~Yanations of each policy contained in the Town of Southold Local Waterfront RevitaliZation Program. A proposed action will be evaluated as to its significant beneficial andfidverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this fopn is answered "yes", then the proposed action may affect the achievement of the LV~ policy s_ .t~_dards 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 with the LWRP policy standards and conditions. 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.nortlffork.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# 1000-t t ~-05-02 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (c.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: INSTALLATION OF A SOLAR PANEL APPROXIMATELY 25' LANDWARD OF THE EXISTING BULKHEAD AND IN-KIND IN-PLACE REPAIR AND REPLACEMENT (as needed) OF THE EXISTING _+ 20' X 28' WOOD DECK APPROXIMATELY 10' LANDWARD OF THE BULKHEAD Location of action: 1350 WEST COVE ROAD, CUTCHOGUE ~ NY Site acreage: 4.228A Present land use: sin,qle family dwellin~ Present zoning classification: R-40 2. 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: THOMAS GLUCKMAN (b) Mailing address: 16 East 34th Street, New York, NY 10016 (c) Telephone number: 212-683-0t50 (d) Application number, if any:. Wilt the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency?. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid 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 Subject site is located in a developed area. Proposed activity is reolacement of existing functional deck and installation of solar panel to eliminate use of fossil fuel to heat the i/.q pool Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historic sites or districts. 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 The subject site is developed with a single family dwelling. Policy 3 has no relevance to the proposed action. 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 The subject site is developed with a single family dwelling. Policy 4 has no relevance to the proposed action. 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 subject site is developed with a single family dwelling. Policy 5 has no relevance to construction of the proposed addition. 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 subject site is developed with a single family dwelling. No activity is proposed that may disturb wetlands. Proposed repair and/or replacement of existing deck will minimize the potential for wetland disturbance in the event of failure of the existing structure. 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 installation of the solar panel will eliminate the use of a heating unit that bums fossil fuel which results in the emission of some degree of emissions Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 8 is relevant to proposed activity 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 The proposed activity will have no impact on public access to, and recreational use of, coastal waters, etc. WORKING COAST POLICIES Policy 10. Protect Southoid'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. Yes No Not Applicable It does not appear that Po/icy 10 is relevant to the prooosed activity 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 It does not appear that Policy 11 is relevant to the proposed activity 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 It does not appear that Policy12 is relevant to the proposed activity 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 Aunlicable It does not appear that Polic~/13 is relevant to the proposed activity