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Home My WebLink About1000-106.-1-26CdFFICE LOCATION: Town Hall Ampex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-193 Fax: 63I 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: August 13, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for BARRY D. BARTH SCTM# 106-1-26 BARRY BARTH requests a Wetland Permit for the existing bluffstairs and existing decks 25'X 16' and 12'X 13' attached to each other. Located: 2040 Central Dr., Mattituck. SCTM#106-1-26 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 following LWRP policy standard 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. .d. Comply with statutory and regulatory requirements of the SoulhoM 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 existing decks~ 25' x 16' and 12' x 13' (Figure #1) are not permitted on or near the bluff pursuant to § 275-11 and furthermore five of the six platforms (Figure #2) associated with the beach stairs are not in compliance with § 275-11. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet Figure #1 Existing decks; 25' x 16' and 12 x 13' Figure #2 Two of the six platforms associated with the beach stairs. If the Agency~ Board of Trustees makes a contrary determination of consistency, the Agency shall elaborate in writing 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. Town of Southold INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FO~ All applicants for permits* including Town of Southold agenci :s, shall proposed actions that are subject to the Town of Southold Wate:rfr, nt qJonsxstenc~34/[~i¢w Law. ~, tis assessment is intended to supplement other information making a determination of consistency. *Except minor exempt actions including Building £ermitg' 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 fom~ is answered "yes" or "no", then the proposed action will affect the ackievement of the L~qLP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listin~ both supportinlg and non- ~. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. (b) (c) Permit, approval, license, certification: Nature and extent of action: , is oq btu 4m, 1Aoc s 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, ~he Plarming:~epa~ment' all local libraries and the Tow~ Clerk's office. ; ; !'" B DESCRiPTiON OF SITE AND PROPOSED ACTIO i' ' d¢~_ 2~- The Application has been submitted to (check appropriate response): TownBoard [--1 Planning Board [~ Building Dept. [] BoardofTrustees [-~ 1. Category of Town of Southold agency action (check appropriate response): Action unaelxaken directly by Town agenc)(e.g, capital ,tx (a) construction, planning activity, agency regulation, land transaction)~)F_/0 Financial assistance (e.g. grant, loan, subsidy) ~(;~ Lo~ationofacfion: ,~Oqo ~'e~')ct'''~ I ~-'~;Z;~/e_ [gqt~']~"/' / Site acreage: Present land use:~..~f._~{~t~ 0._~'.~'~f~.q C'~e[S 0\a~(lo'q' ~0~{~51 0~+'{Ot2~[l~ Present zoning classification:_'~. ~/e--rO}i~' l 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 applicam: /~^ ,-z~¥ ~'~b- ~'~A (b) Mailing address: o~ O ~/~> ~F->e ~/r', / (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 ~ If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project xvill 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 communiD' 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 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 [ [,JfNot 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 ['~ Yes [] No [~Not 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 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 enviromnental 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 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 II1 - Policies; Pages 38 through 46 for evaluation criteria. ~ yes~ No[~/NotApplicable Attach additional sheets if necessary WORKI. NG 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 ~/~ot 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 III - Policies; Pages 62 through 65 for evaluation criteria. [--~ Yes [] No [-~Not Applicable Attach additional sheets if necessaw Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [~/Not Applicable PREPARED BY~'~---~ / / TITLE ~:$vg~ag~.~ DATE? ~_~?- CY,~ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SEC~ON 7209 OF TH~: NEW YORK STAT EDUCA~ON LAW. COPIES OF "~HIS SURVEY MAP NOT BEARING '~4E LAND SURVEYOR'S INKED SF..~,L OR EMDOSS£D SE.N_ SHALL NOT BE CONSIDERED TO BE A VAt.lO 'l~U[ COPY. CER~F~CATION$ INDICATED H,F..~EON SHALL RUN ONLY TO TH[ pERSON FOR WHOM 'i'HE SUE'V~"Y _ 92 JUL 2 8 9O TEST HOLE DATA (TEST HOLE DUO BY McDONALD GEOSClENCE ON JUNE 26, 2002) 14' 23' ~o~ ~ D DECK TOP OF