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Home My WebLink About1000-52.-2-20.1OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOV~N OF SOUTHOLD Jim King, President Town of Southold Board of Trustees From: Scott Hilary and Mark Terry, LWRP Coordinators Date: July 16, 2008 Chapter 268: Waterfront Consistency Review Request for Wetland Permit for DROUZAS REAL ESTATE DEVELOPMENT CORP. SCTM#52-2-20.1 DROUZAS REAL ESTATE DEVELOPMENT CORP. requests a Wetland Permit to construct a single-family dwelling, driveway and sanitary system. Located: 54120 County Rd. 48, Southold. SCTM#52-2-20.1 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 LWRP 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. 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. The application is incomplete and therefore the potential impacts from the proposed action cannot be adequately assessed at this time. The survey does not indicate ali wetlands within a two hundred foot radius from the proposed action and is not in compliance with § 275-6 {8}. Furthermore~ during a field visit to the site~ the location for the proposed action was not staked nor was the freshwater wetlands delineated (flaggedL § 275-6 Application. A. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: [Amended 10-11-2005 by L.L. No. 17-2005] (8) Such app~icati~n shall be acc~mpanied by a survey and t~p~graphica~ map~ created n~ m~re than ~ne year prior w the date of application, with contours at two-foot intervals, showing all wetlands' within a two-hundred-foot radius of the area from which the rentoval or in which the deposit of materials is proposed, or itt which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control qf said survey shall be based on an approved local coordinate system. The vertical control fbr elevations shall be based on the United States Coast and Geodelic Survey datum, fAmended 10-11-2005 ~, L.L. No. 17- 200.~] Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. CompS3: with statutory and regulatory requirements qf lhe Soulhold Town Board qf Truslees laws and regulalions for aH Andros Patent and other lancg~ under their jurisdiction I. Comply with Trustee regulations and recommendations as' set fbrth in Truslee permit conditions. The distance from freshwater wetlands to the proposed action is approximately 60 feet (see figure #1); a minimum setback distance of 100 feet from the wetland boundary is required pursuant to Chapter 275-3. In the event the action is approved following compliance with § 275-6 (8) Application standards~ please require that the applicant amend the proposed action to meet policy 6.3 to the greatest extent practicable. § 275-3 Findings; purpose; jurisdiction; setbacks. Setbacks./~4mended l O- 11-2005 by L.L. No. 17-2005] (1) The ,fi)Ih>wing minimum setbacks' apply to any and all operations proposed on residenlial prol)erty within the jurisdiction qf the Board of 7?ustees: (a) Wetland boundary. [1] Residence: lOOJket. Figure #1 Freshwater wetland, Cattail Marsh (Typha spp.) If the Agency~ (Board of Trustees) makes a contrary determination of consistency~ the Agency shall elaborate in writino the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, 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. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for DROUZAS REAL ESTATE DEVELOPMENT CORP. SCTM#52-2-20.1 DROUZAS REAL ESTATE DEVELOPMENT CORP. requests a Wetland Pemait to construct a single-family dwelling, driveway and sanitary system. Located: 54120 County Rd. 48, Southold. SCTM#52-2-20.1 "~ The proposed action has been reviewed to Chapter 268, Waterfrom 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, aslwell as the recqrds available to me, it is my recommendation that the proposed action is ~own of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT JUN 2 7 2008 All applicants for permits* including Town of Southold proposed actions that are subj, assessment is intended to supplement other information Town of making a determination of consistency. *Except minor 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 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 plac website (southoldtown.northfork.net), the Board of Tr local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 119oO 5~, - 52. --2/3, I PROJECT NAME ~JUN 2 4 2008 ld's rtment, all The Application has been submitted to (check appropriate response): TownBoard F-] Planning Board L--] Building Dept. [] BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [-~ eonstmction, planning activity, agency regulation, land transaction) F-] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: [-~ Nature and extent of action: t'e; t de/ncC Location of action: Dqtdd {E. Site acreage:. Present land use: Present zoning classification: 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: 4)tEY,.IZO,~ (b) Mailing address: ,~fo ~7~ ~£lormO ~ , lqJ ,l,Ol (c) Telephone number: Area Code (-4~. (d) Application number, it'any: Will the action be dire..~y undertaken, require funding, or approval by a state or federal agency? Yes [] No~I - I If yes, which state or federal agency?. C. Evaluate the project to the 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 usc of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. [] No NotApplieable 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 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 {or c of and eroz~d.n. 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 F-'~Yes [~ No [] Not Applicable ca_m o-, ffo e .ot cf- 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 III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable . co . 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 F~ 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. I [ Yes II No I vi 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 S~uthold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria.[_~ [-~ F~ . Ye~ ~ No l ~q Not Apphcable At~ach additional sheets if necessary ~4VORI~ING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See~3VRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No~l vi Not Applicable At, ach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town wings. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No~l gl Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section II1 - Policies; Pages 62 through 65 for evaluation criteria. [--] Yes [~ No [~Not Applicable At, ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; P~es 65 through 68 for evaluation criteria. I I Yes [ I Not~ Not Applicable SITUATE, AROHAHOHAOUE rom, tJl l .eu o[K C, OUNT',', ,~.)R~ 0,6-1b.-~__2 ~ Southhold Town 0&-21-2006 Tes~ Hole 05-50-02 ; / NOTE0: 24¸ · HONU~NT FOUNE2 '~ F:~OPOE~-_~ SEPTIC. TO ~ THeE ~' PEEP O' DIA~R CONC~ RIN~ ~1~ i~O ~LON ~EPTIC TANK FLOOD ZOO0 OBTAINED FROH FIRH A~A = 42A~ ~ ~ O.~1 ~JA~T A~A = 2~,1~ SF OR 0.62 ~O~R~ ZO~ R - 40 EL~ATION5 ~FE~N~E~ TO ~PHIO 5OALE I"= DO' N c o 6 EAST M~ S~ET N.Y.S. LIC. NO. 50202 ~, N.Y. 11901 369-8288 F~ 369-8287 ~FAXCompaqse~e~ms~02[02-202E.pm Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., July 16, 2008, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of DROUZAS REAL ESTATE DEVELOPMENT CORP. to construct a single-family dwelling, driveway and sanitary system. Located: 54120 County Rd. 48, Southold. SCTM#52-2-20.1 Inspected by: Glen McNab, James Eckert, Don Wilder The CAC does Not Support the application because trees over 8" DBH have been cut down and the proposed dwelling is too close to the freshwater pond. Vote of Council: Ayes: All Motion Carried