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Home My WebLink About1000-35.-1-25 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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: From: James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator Date: August 16, 2007 Re: Request for Wetland Permit for Peconic Landing at Southold, Inc. SCTM# 35-1-25 PECONIC LANDING AT SOUTHOLD, INC. requests a Wetland Permit to widen and improve an existing +/-6'-9' access path to a 10' paved path for handicap access and construct a 20' gazebo. Located: 1500 Brecknock Rd., Greenport. SCTM#35-1-25 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. If the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold: 1. Install hay bales during construction to protect the pond and L.I. Sound. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold 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 proposed gazebo from the top of bluff and pond is less than 100 feet~ a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3. Findings; purpose; iurisdiction~ setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. 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 S6uthold~ LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for ptamits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Wa~t Consistency Review Law. This assessment is intended to supplement other information used by a Town of Sonthold agency in making a deic~min,tion of consistency. *Except minor erempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the i~eparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfiont Revitalization Program. A proposed action will be evaluated as to its siEnificant 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 maximmn 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 (southokitown.northfork.net), the Board of Trustees Office, the plannin~o Dq~rlm~llt, all local h'oraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM~ 1000_ 35 01~25 The Application has been submitted to (check appropriate response): Town Board ~'~ Planning Dept. ~ Building Dept. ~ Board 1. Category of Town of Sonthold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land Wansacfion) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to widen and improve an existing path, widen existing 6'-9' path to 10' and construct a 20' gazebo. Location of action: Site acreage: Present land use: 1500 Brecknock Road, Greenport Retirement community Present zoning classification: R- If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name0fapplicant Peconic Landinq at Southold, Inc. 0~) Mailingaddress: 1500 Brecknock Roadr Greenport (c) Telephone number: Area Code ( ). 631-477-3800 (d) Application number, if any:. unknown Will the action be directly undertaken, require funding, or approval by ~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 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 m - 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 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Soutlmld. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria [] Yes ~-~ No ~ Not Applicable Attach additional sheets if neeessary NATURAL COAST POLICIES Policy 4. Minimi~ lo~ of life, structures, and natural resources from flooding and erosion. See LWRP Section HI - Policies Pages 8 through 16 for evaluation criteria [] Yes ~ No ~ Not Applicable At~ach additional sheets if necessary Policy $. Protect and improve water q~slity and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria [] Yes ~'~ No [] Not Applicable Atlach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Sio~nificant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section m- Polities; Pages 22 through 32 for evaluation criteria. Yes [] No ~'~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air qn~llty in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes ~-~ No ~ Not Applicable Attach additional sh~ts if n~.~sa~y POlicy 8. Minimi~ environmental degradation in Town of Southold from solid waste and h~,~rdous subs~nces and wastes. See LWRP Section IH- Policies; Pages 34 through 38for evaluation criteria. PUBLIC COAST POLICIES Policy 9. Provide for public acces~ to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southoid. See LWRP Section HI- Policies; Pages 38 through 46 for evaluation criteria. ~ Ye~ No [] Not Applicable Attach additional shee~s if necessary 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 IH- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 11. Promote su~n!n~ble use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section I!I - Policies; Pages 57 through 62 for evaluation criteria. [] Sot App c,b e AtXach 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 eriterim ~ Yes ~] NO ,~. Not Applicable Attach additional sheets if neeessmy Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section m- Policies; Pages 65 through 68 for evaluation eriterim Yes [] No [~ Not Applicable Created on 5/25/05 11:20 AM Applicant: Peconic Landing at Southold, Inc Location: 1500 Brecknock Road, Greenport S.C.T.M.No. 1000-35-01-25 The project consists of the applicant's proposal to widen and improve an existing 6'- 9' (variable width) path that is used for beach access by residents of the community. The improved path shall also allow for removal of beach debris using pick up tracks. The proposed gazebo is for recreational purposes. As part of my review of the Town's LWRP Consistency Fona Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. The project activities shall be "concentrated" on a site where similar activities (access path) currently exist. The project does not involve agricultural land nor will open space be utilized or impacted. I believe that this project is consistent with this policy because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. Policy 2. I believe that this project is consistent with this policy because the project shall not have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Peconic Bays. The reason for this is that the project site has previously been "disturbed" and developed. The property itself was previously disturbed when the existing dwelling was constructed. Policy 3. I believe that this project is consistent with this policy since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed path and gazebo have been designed based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number of masons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase or decrease in the pH,'the dissolved oxygen or nutrients in the waterway and there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. The project does not involve watershed development or the quantity or quality of potable water. The new proposed sanitary system shall be an upgrade to existing site conditions. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent area of tidal wetlands by the destruction of habitat or significant impairment to the tolerance range of any species offish or wildlife. The project should have no impact upon any vuinemble fish, wildlife, plant species or rare ecological communities. The new proposed sanitary system shall be an upgrade to existing site conditions. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I believe that the project is consistent with this policy. The project shall not involve the disposal of solid waste or debris There are no hazardous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Nor will the project have impacts upon the public's right of access along the shoreline Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent commercial, industrial or recreational uses of the Peeonie Bays. Nor is the project located on Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources. LONG ISLAIq~ SOUND ./.. / / M ...... ~' Applic~t: Peco~c L~ding m Sou~old Location: 1500 Brec~ock RoM, ~eenpo~ P~ose: Cons~ct g~ebo & ~prove e~sting pa~ ~ Da~: App~ent Low Water ~ S.C.T.M.No. 1000-35-01-25 -o~ ~ gocus. 41 07 13 72 21 43 ~/ /~ ~5 Applic~t propo~s to widen ~d / / / ~ ~ improve ~ exist~g ~ 6'-9' ~cess ~ L ~ ) ] pathtoal0'pavedpa~forh~dicap PAaAIN¢ / -'~ ,~ Greenpog, Town of Sou~old, Suffolk LOTS ~ Co.W, New York. J.M.O. Environmental Consulting Services Quogue, New York