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Home My WebLink About1000-77.-3-1 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 To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary/Mark Terry, LWRP Coordinators Date: June 16, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for BAYV1EW PACIFIC, LTD C/O PATRICK MCCARTHY SCTM#77-3-1 BAYVIEW PACIFIC, LTD C/O PATRICK MCCARTHY requests a Wetland Permit to remove the enclosed porch attached to the existing dwelling and construct an 18'X 34'9" addition in same location and a 15'X 34'9" deck. Located: 1100 Pine Ave., Southold. SCTM#77-3-1 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 my recommendation that the proposed action is INCONSISTENT with the LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed action is 56' from the tidal wetland boundary which is within the minimum setback of the Board of Trustees pursuant to ~ 275-3~ and therefore is inconsistent with LWRP sub-policy 6.3. 6.3 Protect and restore tidal and freshwater wetlands. A. 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. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005] (1) The following minimum setbacks' apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1.] Residence: l OO feet. Pursuant to ~ 275-11 (A) (3) remolded homes cannot be situated or modified such that they proiect closer to the wetland boundary than homes on either side of subiect lot as referenced below. §275-11 Construction and operation standards. A. General The following standards are required for all operations within the jurisdiction of the Trustees: (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than homes on either side of the subject lot. Pursuant to § 268-5 (H) Waterfront Consistency Review, if the agency (Trustee's) makes a contrary, determination of consistency, the agency shall respond in writing, describing the manner and extent to which the action is consistent with the LWRP. § 268-5. Review of actions H. In the event the L WRP Coordinator's recommendation is that the action is inconsistent with the L WRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. To~ Jim King, President Town of Southold Board of Trustees From: Scott Hilary/Mark Terry, LWRP Coordinators Date: May 7, 2008 Re: Chapter 268: Waterfront Consistency Review Wetland Permit for BAYVIEW PACIFIC, LTD C/O PATRICK MCCARTHY SCTM#77-3-1 BAYVIEW PACIFIC, LTD C/O PATRICK MCCARTHY requests a Wetland Permit to remove the enclosed porch attached to the existing dwelling and construct an 18'X 34'9" addition in same location and a 15'X 34'9" deck. Located: 1100 Pine Ave., Southold. SCTM#77-3-1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfi'ont 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 r' ~r'" \ \ ! ~ f \\_ II Town 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", then the proposed action m~y 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 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 ~, ~e'~ ~al~ng Department, all local libraries and the Town Clerk's office. '~ B.. DESCRIPTION OF SITE AND PROPOSED ACTION MAY 2 8 2008 SCTM# ~ "] - -~ / -5 The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. [] Building Dept. ~ Board of Trustees 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, ce~'tification: Nature and extent of action: Site acreage:..~ ~ ?)t-lo Present land use.'~f-~, ~+: 0~~ Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall~ (c) Telephone number: Area Code~ "-/ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes~---'] No~] lfyes, which state or fedeml agency? ~¢ 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 [~NotApplicable Atlach additional sheets if necessary Policy 2. Protect and. preserve historic and archaeological resources of the Town of Southold. See LWRP Section m - P~licies Pages 3 through 6 for evaluation criteria [] Yes ~ No~l~. 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 - Poficies 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 Pa/ges 8 through 16 for evaluation criteria ~-~ Yes [] No[~'d(~.~ Not Applicable 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 Ir] Yes Ir~ No I ' INot Applicable Attach 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 HI - 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 fo~evaluation criteria. ! ~-~ Yes [] No ~ Not Applicable Attach additional sheets if necessaoy Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and waste~. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. [-~ Yes [~ NoK-~t2_l 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 HI - Policies; Pages 38 through 46 for evaluation criteria.[] _~ ~//N Y~s , No 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. S~te 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 III - 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 IH - Policies; Pages 62 through 65 for evaluation criteria. ~l~ Yes ~.~ No [~fNot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Polic~ages 65 through 68 for evaluation criteria. [] Yes [] No L.~ Not Applicable Created on 5/25/05 11:20 AM DATED JANUARY I I, J 999 PREF'AR~D bY JODE?H INGEGNO, LAND DURV~OR _ D~INAGfi CALCU~TIONS: <1~ I ~ ~/ ~ /" - ,~ ~' TO ~MAIN , ,, I 22L2 I/2" I - N72d25'30"W 125.00' [ I OAK S 86'08'$0" E 125.00, al*,, 128.67' LOTS SURVEY OF 53, 54, 55, 56, ~57 MAP OF GOOSE BAY ESTATES FILE No. 1176 FILED NOVEMBER 15, 1954 SITUATED AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-77-0.5-01 SCALE 1"=20' JANUARY 11, 1999 58 BAY 28 2008 ~ AREA : 18,156.89 sq. 0.417 ac. ff. CERTIFIED TO: PATRICK McCARTHY THE EXISTENCE OF RIGHTS OF WAY Y S. Lic No 49668 Joseph A. Ingegno Land Surveyor PHONE (516)727-2090 Fax (516)722-5095