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HomeMy WebLinkAbout1000-3.-1-3.3 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (eor. 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 Planner ~ LWRP Coordinator Date: November 9, 2007 Re~ Request for Wetland Permit for FRANEKER INVESTMENTS, INC. SCTM# 3-1-3.3 FRANEKER INVESTMENTS, INC. requests a Wetland Permit to construct a 15.58'X 16' addition onto an existing garden shed, to construct approx. 30' of retaining walls and a stone (pervious) parking area. Private Rd., Fishers Island. SCTM#3-1-3.3 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 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the proposed addition to the freshwater wetland line is 44 feet~ the distance from the proposed driveway to the freshwater wetland is 20 feet~ a minimum setback distance of 50 feet from the wetland boundary is required pursuant to Chapter 275-3.Findings[ purpose~ iurisdiction~ setbacks and 275-5. B (2) e. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold: 1. Require a 30 foot nonturL native vegetation buffer landward of the freshwater wetland. 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 ASSESSMF~NT FORI~ OCT 2 6 2007 INSTRUCTIONS : 1. All applicants for l~mllts* including Town of Southold agen~es, sl~all compiete this CCAF for*~_t proposed actions that are subject to the Town of Southold W - assessment is intended to supplement othex information used by a Town of Southoid 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 Wat~flont Revitalization Program A pt~i~ased a~don 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 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 undertakem B. DES~ON OF SITE AND PROPOSED ACTION SCTM0 1000. 003 1 3.3 The Application has been submitted to (check appropriate response): Town Board [] A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown. northfork.ne0, the Board of Trustees Office, the Planning Depa~huem, all local libraries and the Town Clerk,s office. ~- ;, Planning Dept. [] Building DepL [] Board of Trustees I--~ 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) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Natoreandextentofaction: Applicant propos ........ truct a 15.58'x16' addition onto an existing garden shed, to construct approx. 30' of retaining walls and a stone (pervious) parking area. A continuous line of staked hay bales with silt fencing shall be installed to establish the limi~m of qradinq: nlmaring and qrnund disturbance Roof gutters and drywells shall be installed to collect rainwater. Locafion of action: private road, no #, Fishers Island Site acreage: I . 9 7 Present land use: single family dwelling Present zoning classification: R - 1 2 0 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Franeker Investmentst Inc. c/o Judith Ann Corrente (b) Mailing address: P.O. Box 285, Fishers Island, NY 06390 (c) Telephone number: Area Code ( ) c/o JMO Consulting @ 653-0607 (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? tl.,,'~-~-_~,'~A~ F~ 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 m- Policies; Page 2 for evaluation ~'] No ~ Not Applicable Attach additional sheets if necessary Policy 2/Protect and preserve historic and archaeolo~?al 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 qnality and protect scenic resources throughout the Town of Southoid. See LWRP~ection Ill - Policies Pages 6 through 7 for evaluation criteria ~/Yes ~ No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. l~linimi~r~ loss of life, structures, and natural r~ources from flooding and erosion. See LWRP Sectionfll - Policies Pages 8 through 16 for evaluation criteria [~' Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section II1 - ~es Pages 16 through 21 for evaluation criteria ~ Yes [-~ No [] Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 throu~ 32 for evaluation criteria. [~J Yes ~'~ No [] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ill - Policies Pages 32 through 34 for e/y~luation criteria. [] Yes No Applicable At~ach additional sheets if necessary Policy ~. MinimiT~e environmental degradation in Town of Southold from solid waste and haT~rdons subst~ces and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. OYes [] 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)~outhold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No ~N~ot Applicable Attach additional sheets if necessary 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 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 Estu~ and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes ~ 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 sheets if necessary Polic. y 13. Pro.m.ote ~ppropriate use and development o.f en. ergy and mineral resources. See LWRP Section 1II - Policies; pages 65 through 68 for evaluation cr~term. ~ Yes [] No [~/Not Applicable / Created on 5125/05 11:20 AM Applicant: Franeker Investments, Inc. c/o Judith Ann Corrente Location: Private road, no #, Fishers Island S.C.T.M.No. 1000-0003-1-3.3 Applicant proposes to construct a 15.58' x 16' addition onto an existing garden shed, 44' liom the Freshwater Wetlands Line. To construct ~30' of retaining walls and a stone (pervious) parldng area. A continuous line of staked hay bales with silt fencing shall be installed to establish the limits of grading, clearing and ground disturbance. Roofg~ate.~ leading to drywells shall be in.~lled to collect ralnwat__er. All work according to plans prepared by CME Associates Engineering, Land Surveying and Architecture, PLLC last dated 8/29/07. As part of my review of the Town's LWRP Consistency Fot'm Section C, I offer the following comments regarding the Local Waterfront Revitali?ation Policies and this proposed project: Policy 1. The project activities shah be "concentrated" on a site where similar activities (existing garden shed) currently exist. The project does not involve agricultural land nor x~dll 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 SoutholcL 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 and garden shed 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 Southol& Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed addition to the shed and proposed reVaining walls and stone drive has been designed based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent ~es or to natural coastal processes or llatllral resources. The project shah have no ira?act on any natllral protective features nor shall it have any impacts upon public lands or lands in public trust. I_a~tly, 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 reasons. 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 w~_?rway and there should be no increase in noxious odors at the project site. There shah 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 wsLe. rshed development or the quar~tity or quality of potable water. Policy 6. I feel that the project is consis~ent 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 freshwater wetlands by the destruction of habitat or siEnificant impairment to the tolerance range of any species of fish or wildlife. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to thi.~ 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 involve the disposal of solid waste or debris which shall be disposed of properly. There are no hazardous waste or toxic pollulants 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 adeqn~e physical public access to coastal resoumes, shall not impact any public vL~mal 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 im.rmcts upon any existing water-dependent commercial, industrial or recreational uses of the Peconic Bays. Nor is the project located on Mill Creek or within the ~rtllage of Co-reenp~ 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 flrom uncertitied 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. 7 -~ ~o~.~ .~.~,~,~ LOCATION MAP SCALE 1 =~00 WARREN S. 'VANDEVENTER CL~E', ~ Z BLOCK 25 EOT 1 ~ ~OT TO SCALE d E .) P~N OF BLOCK 2S - LOT IO; FISHERS mS'ND, N~ YORK, PREPARED ETER SCHULTE; SCALE: 1 = 100 FE~: CHANDLER, PALUER A KING; NORWICH, ,) THIS :;O~ was PREPARED FOR THE PARTIES AND PURPOSE ~NDICA~ED BENCHMARK-TOP OF HUB ~EEN THE CLIENT AND THE SURV~OR EXCEEDS THE SCOPE OF THE legATION ~ 26.88 ~ NGAGEMENT. ACTING UNDER THE DIRECTION OF a LICENSED ~NO SURV~OR, TO ALTER AN ~ SIG~TUR/ AND AN ORIGINAL EMBOSSED OR INK S~L ARE THE PRODUCT OF ~ .) CooRDJNATE DISTANCES ARE M~SURED FROM U.S, COA~ AND GEOD~IC  UEV~ ~IANGU~TION STATION 'CHOCOMOUNT 2" / ~ R~86.58 ') SITE mS IN THE TOWN OF SO~HOlO, COUN~ OF SUFFOLK TAX MAP 1000, ~ . ~ ~ SCALE', = 20' ~A,ER ~ ~ L" ~ ~] .~, EXIS~NG TREEUNE SHEET F~LE ] J ' '