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HomeMy WebLinkAbout1000-115.-12-5 (2) 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~ James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner ~' LWRP Coordinator Date: October 9, 2007 Re: Request for Wetland Permit for Evelyn and Joseph Turchiano SCTM# 115-12-5 EVELYN AND JOSEPH TURCHIANO requests an Amendment to Permit #689 to replace the access ramp to the floating dock. Located: 450 Deep Hole Dr., Mattituck. SCTM#115-12-5 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the To~vn 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 ora 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". MT/hkc A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM 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 si~iflcant 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- supportin~ 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 places;,.o~l,. ~e at the website (southoldtown.northfork.net), the Board of Tmst~s (~f~-e', i~e Planning DeDartment,,,ail locallibrariesandtherownClerk'soffice. ' ~' ~ r~ B. DESC ii IIFII u; ~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land mmsaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: , Present land use: Present zoning classification: If aa application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Co) Mailing address: (c) Telephone number: Area Code ( ) t~ 7 / - 'Z ? ~' - 9 p 7 ~ (d) Application number, if any:. 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? C. Evaluate the project to the following policies by analyzing how thc project will further support or not support the policies. Provide ali proposed Best Management Practices that will further each policy. Incomplete answers will require that the 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 of development. See LWRP Section III - 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 Applic.hle xes ~o t~ot Ap~ zaDle 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 At~ach 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 additional sheets if necessary Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent asea in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ~-~ Yes ~ No [] 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 waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~ Not Applicable 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 Attach additional sheet~ 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 Applieable PREPAREDBY 3o~. L,~','tC~//~,',/o TITLE /O?~l,cA~z, DATE ~AP ,-Off. P~,.QPEI~T¥ hlATT I'TYCi/~_ TOWN OD ,,L;~ .T~iL~, N.Y. '4 SEP I 9 TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES PEP~/iIT NO, 6~3... 2..Stakes - ~287 Pursuant to the provisions of Chapter 615 of the Laws of 1893 of the State of New York; Chapter 40t of the Laws of 1952 of the State of New York; the pro- visions of an ordinance eutifled"Santhold Town Ordinance Regulating the Placing of Obstructions in and on Town Waters and Public Lauds, and the Removal of Sand, Gravel or other Materials from Lan~ls under Town Waters", and in accord- anco with the resolution of the Board of Trustees of the Town of Southold · adopted at a meeting of said Board unP, o%,embe:, a,..197.1.., and in consid- eration of the sum of $.~2,.0.Q.. , lawful money of the United States, paid by · l~oseph .r....%'urchiano .... residing at 2.1,~0. ~,. 3~.lr,~. ~.t,.., l~tc~kl, yR, New York, the said Board of Trustees of the Town of Southold, Su~olk County, New York, hereby authorized and permits said ~caeepb, .~,. ll~qrch.i~o ..... to build e 20 it. ramp, 2 pilings, and a 3 it. by 20 ft. floating dock on h~e property at 450 Deep Bole Drive, Deep Hole C~eek, Nattituck, New York, all in accordance with the application submitted. The said . Joseph.L...%'urchiancx .......... , as part of the consideration for the issuance of this permit does hereby release the said Board of Trustees and the Town of Southold from any and all damages, claim, for damages or suits that may arise or occur directly or indirectly es a result of any operation carried on under and pursuant to this permit~ and will at his own expense, defend any and all suits which may be brought by third parties, as a result of any operation carried on pursuant to or in accordance with the terms of this permit~ and assume full liability with respect thereto to the complete exclusion of said Board of Trustees and the Town of Southold. THIS PERMIT is subject to the following terms and conditions: 1. That there shall be no unreasonable interference with navigation as a result of the work herein authorized. 2. That there shall be no interference with the right of the public to pass and repass along that portion of the beach between low and high water mark. 3. That the work shall be subject to the supervision and approval of the said Board of Trustees or its agents. 4. That if future operations of the Town of Southold require the removal and/or alteration in the location of the work herein authorized, or if, in the opinion of the Board of Trustees of the Town of Southold, such work shall cause un- reasonable obstruction to free navigation, the said Joaeph. r....eu~ahiano will be required upon due notice from the said Board of Trustees, to remove or alter the location of the work hereby authorized without expense to the Town of Southold, so as to render navi~atinn reasonably free and unobstruct- ed. The auth6rity conferred by this permit may be terminated by the Board of Trustee~ for a failure on the part of the said ....?.?...~.~....~.t...~..~,~..~..~.. ,l~- .................................. ~o :amply with the terms and conditions herein iml~osed. In the event of such termination, this permit shall be deemed revoked five (5) days after the date when the Board of Trustees shall mall to the said .......~..??..?.?..h.....~........'~..,.~..~..h.~?....z~.. ................................. at the address given in his application, a certified copy of a resolution of the Board of Trustees directing such termination. IN WITNESS WHEREOF, the said Board of Trustees of the Town of Southold has caused its corporate seal to be hereunto affixed and these presents to be subscribed by a majority of the said Board of Trustees, the day and year above wri~en. ,,': :' Mt .~.S STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) ON THIS .....6....'~.. ......... day of ...................... .D..e..?..?.~.~. .......... ., 19~..]:..., before me ~ersonally appearedA~.~h B. C~o].dEsm:J.~'~, ~Tohn F. H~Jlu1~.y, ~ar~ S. Da',eson, l:~ugl, as !~. Itobe=t. eon, George .~. ~.mpson all personally known to me, who, being by me duly sworn, severally said that they each resided in the Town of Southold, County of Suffolk, State of New York, aed were members of the Board of Trustees of said Town of SouthoJd and constituted a majority of the same; that they knew the corporate seal of said Town of Southold; that the seal affixed to the foregoing instrument was such corporate seal; that It was so affixed thereunto by order of the I~oard of Trustees of said Town of Southold and that each one signed his name thereto as ........................................