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Home My WebLink About1000-87.-3-41 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: December 12, 2007 Re; Request for Wetland Permit for A. SHELLEY TUPPER SCTM# 87-3-41 SHELLEY TUPPER requests a Wetland Permit to abandon and fill existing septic system approximately 45' from wetlands, and excavate and install new precast system 75' from wetlands. Located: 3050 Minnehaha Blvd., Southold. SCTM#87-3-41 Please note: Corey Creek is a NYSDEC Critical Environmental Area and a NYSDOS Significant Coastal Fish and Wildlife Habitat. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the proposed new septic tank to the concrete seawall is 60 feet; the distance from the proposed new cesspools to the concrete seawall is 75 feet; a minimum setback distance of 75 feet is required for septic tanks and 100 feet for cesspools~ 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. 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. C. Ensure effective treatment of sanitary sewage and industrial discharges by: providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. If the action is approved the following best management practices (BMP's) are recommended: 1. Require hay bales during construction. 2. Require a non turf buffer landward of the concrete seawall to filter surface water entering the creek. The BMP's will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below). Provide adequate buffers between wetlands and adjacent or nearby uses and activities itt order to ensure protection of the wetland's character, quality, values, and functions. MT/hkc * Towf~ 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 carmot be certified as consistent with the LWI>d? policy standards and conditions, it shall ngt 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 Tmste? Office, the Planning__D_epartm. ent, all local libraries and the Town Clerk's office.~,::~- [~ Ii; '~/ i: B. DESCRIPTION OF SITE AND PROPOSED ACTION PRO. CT N~E The Application has been submitted to (check appropriate response): Town Board Buildiu Dept. D Board o Trustee 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) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Locationofaction: ~:>~-~O ~O~,~,,,~-~x~. Site acreage: ~ , ~ ~ ~ Present l~d use: ~? ~ ~ ~ Present zoning classification: ~e~~ ~ If ~ application for ~e proposed action has been filed Mth ~e To~ of Southold agency, ~e following i~o~ation sh~l be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) q t'-{ - {.~[ _ c~ q. ~ ~ (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 thc project to thc 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 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 Southoid. 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 Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~Not Applicable Attach additional sheets if necessary 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 16 for evaluation criteria ~-~ Yes [-] No [] Not Applicable I Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes ~ No [~qNot Applicable , At~ach additional sheets if necessary 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 III - Policies; Pages 22 through 32 for evaluation criteria. Yes No ~/Not Applicable 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 Attach 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 · kl ' ' " - 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 46 for evaluation criteria. [] Yes~ No~ Not Applicable Ailach 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. V-~ Y, es ~-] No ~' Not Appligable _ ~ , . At~ach 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 III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes No Not *ppiicahle 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 Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes [] No ~ Not _Apl~l~cable' SURVEY OF PROPERTY A T LA UGHING WA TER ~/ TO WN OF SOUTHOLD 4j~%,, SUFFOLK COUNTY, NEW YORK 6~,uU~¢~ *%~. 10 0 0 - 8 7- 0 3- 41 . '-- ~ ~ ¢ , ,~ SCALE:ocT n,l"=20'aooo ~ ~,., N/O/f 9¢'10 dUh Y 29~ 2002 ( reviMon ) AUG. 2, 2002 (revision) FE~ 2 7 2006 ~o~rd CERTIFIED TO' % RONALD 'L 0 FRESE , KA THY L 0 FRESE COMMONWEAL TH LAND TITLE INSURANCE CO. 3g' ANY ALTERATION OR ADDITION T[~ THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATIE~N LAW. EXCEPT AS PER SECTION 7BO9-SUBDIVISJON 2, ALL CERTIFICATIONS' HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID NAP OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYOR WHOSE SIONATURE APPEARS HERE~N, \ \ \ · =H[~NUMENT t =PIPE 154 S.F. tie line PECONIC (631) 765 - 5020 P, D, BOX 909 1230 TRAVELER STREET $OUTHOLD, N,Y, 11971 00-25~