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Home My WebLink About1000-52.-5-11.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY M~HING ADDRESS: P.O. Box 1179 Southotd, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM ro~ From: James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner ~' LWRP Coordinator Date: July 10, 2007 Rel Request for Wetland Permit for Elana Goodman SCTM# 52-5-11.1 ELANA GOODMAN requests a Wetland Permit for the existing rock wall and stairs, the existing in-ground s~vimming pool, and surrounding patio. Located: 1555 Bayview Ave., S outhold. SCTM#52-5~11.1 The proposed action 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southoid ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance to the pool and patio from the seawall is 20 feet; a minimum setback distance of 50 feet from the wetland line is required pursuant to Chapter 275-3.Findings; purpose; [urisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Additlonally~ if the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold: 1. Establish a non-turf buffer landward of the rock wall to protect Mill Creek, a New York State Department of Environmental Conservation designated Critical environmental Area. 2. Require a drywell to contain pool backwash. The in kind replacement of the existing rock wall and stairs 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. The proposed action 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 exempt from review pursuant to Chapter 268-3, Exempt Minor Actions, item B 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". Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc . Town.of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* 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 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- suooortin~ 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 plac~old ' s website (southoldtown.northfork.net), the Board of 3[ ~e~O~3c~F~~ ID~artment, all B. DESCRIPTION OF SITE AND PROPOSED ACTION ~/ The Application has been submitted to (check appropriate response): Town Board I I Planning Boardl ~ Building Dept. I I Board of Trustees 1. Category of Town of Southold agency action (check approprtatex~t~,a~): (a) Action undertaken directly by Town agency (e.g. capi~,-,~ construction, planning activity, agency regulation, land ~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location ofacfion: Site acreage: Present land use: Present zoning classification: /~t5 . 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: ]~ [E~-/tq ~c>d~, O/~ ~ (b) Mailing address: ]~b~-D~'-~- ~ ~/~>/~7 c/~) to~o~-~--- tO toy I (c) Telephone number: Area Code ( ) '~7(.~ .5'-'-- /~ [ "~B (d) Application number, if any:. Will the action be 'r~ectly undertaken, 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 thc 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 oSdevelopment. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No I ~'~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and presej->~e historic and archaeological resources of the Town of Southold. See LWRP Section III -~ages 3 through 6 for evaluation criteria [] Yes [] No l-~l Not Applicable At~ach additional sheets if necessary Policy 3. Enhance visual fluality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Poll. s Pages 6 through 7 for evaluation criteria [] Yes [] No It I Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of~e, structures, and natural resources from flooding and erosion. See LwRP Section III - Policies Paflgs 8 through 16 for evaluation criteria [] Yes [] No~1 Not Applicable Attach additional sheets if necessary Policy 5. Protect and impr~water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 th~ 21for evaluation criteria [] Yes [] No ~l-~-~NotApplicablc Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish an W~jidlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for eval~eria. ,Yes No No, .pplicable Attach additional sheets if necessary Policy 7. Protect and impro/ye air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for ev~uation criteria. [] Yes [] No I ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize envi~nmental degradation in Town of Southold from solid waste and .hazardous substances and w~ee LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No Itl Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public~a~ss to, and recreational use of, coastal waters, public lands, and public resou.rces of the Town of~6ithold. See LWRP Section II1 - Policies; Pages 38 through 46 for evaluation criteria. ~ [] Yes~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLa,~tES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Se~LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No~L~J 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 watts. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ NoF~L2_i Not Applicable Attach additional sheets if necessary Policy 12. Protect agricul~ral lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evalu~on criteria. I ~Yes I ] Nol ·1 Not Applicable Attach additional sheets if necessary Policy 13. Promote ap~opriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [-~ No ~f~Not Applicable PREPARED BY TITLE DATE BA YVIE ~ $ 37'30'00' g A VENUE N ~9'30'00. ~ .POND