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Home My WebLink About1000-118.-5-2.1 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 ro~ James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Plmmer m LWRP Coordinator Date: October 9, 2007 Re~ Request for Wetland Permit for John Spicer SCTM# 118-5-2.1 JOHN SPICER requests a Wetland Permit for the portable hot tub on the existing deck. Located: 8050 Nassau Point Rd., Cutchogue. SCTM#118~5-2.1 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 nay 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 ~vithout a ivermit". MT/hkc Town of Southold I1NSTRUA~ipOI'cN~nts for permits* including Town of Southold agancies, shall complete this CC~AF fcr' 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 Waterfi'ont 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 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 >flor 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.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSE~ SCTM# 1000-5-20-1 (John Spicer) ~ AGENT: Patricia C. Moore Esq. ~ 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X 1 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 transaction) 12 (b) Financial assistance (e.g. grant, loan, subsidy) J2 (c) Permit, approval, license, certification: [] Type: T~ust ~ ~,s,~P-~mit Town of Southold LWRP Consistency Assessment Form Southe!d To~a Nature and extent of action: hot tub on existing deck. Location of action:8050 Nassau Point Road,Cutehogue Site acreage: 40,000 +/- sq.ft. Present land use: residential 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:John Spicer (b) Mailing address: 443 Itighbrook Avenue, Pelham Manor (c) Telephone number: (.~) c/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy L 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 o fa coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The owner requires a building permit for existing hot tub over existing deck. The hot tub makes beneficial use of the waterfront residence. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. The existing building is not historic. Town of Southold LWRP Consistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (ifappropriate):There are existing natural shoreline protective features, the hot tub is on top of an existing deck. 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 I6 for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The hot tub has no impact on surrounding land. The hot tub is not permanently attached to the deck. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section 1II - Policies Pages 16 through 21 for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate).' The hot tub has no impact on water quality. 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 IlI- Policies; Pages 22 through 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The hot tub is located on a legal deck. No impact on ecosystem. Policy 7. Protect and improve air quality in the Town of Southold See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (ifappropriate):NO impact is anticipated to air quality by renovations and additions of a single family dwelling. Poffcy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III-Policies; Pages 34 through 38for evaluation criteria. Yes X No [] Not Applicable [] Town of Southold LWKP Consistency Assessment Form 3 Discussion (if appropriate): The hot tub is designed to minimize environmental degradation. No further encroachment toward the water then the original closest · ' h structure (s~tting on top of t e deck). 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 46for evaluation criteria. Yes X No [] Not Applicable X Discussion (ifappropriate):The parcel is private, however, access along the beach is open to the public WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable El Discussion (if appropriate): Residential Homes along the water are the primary use in the Town of Southold. 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 62for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The house and deck was constructed in 1980's, the hot tub was added two years ago on top of the existing deck. Hot tub has no impact on the environment. Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III- Policies; Pages 65 through 68for evaluation criteria. Town of Southold LWRP 4 Consistency Assessment Form Yes X No [] Not Applicable [] Discussion (if appropriate):Residential development is a recognized permitted and encouraged use in the Town of Southold. *copy of Town form created on 2/11/06 Town of Southold LWRP 5 Consistency Assessment Form t.OT I 0 6o \ Lot Io4 / bLALE - 4~: i A?4ffA', 1.0(,.~ AC. [TO O H.W. t4) SEP 2 6 2007 ~tbbold fowB