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Home My WebLink About1000-22.-2-6OFFICE 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: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: October 6, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland and Coastal Erosion Permit for PAUL T. BE~TANCOURT SCTM#22-2-6 PAUL T. BE~(TANCOURT requests a Wetland Permit and Coastal Erosion Permit to construct alterations and additions to the existing single-family dwelling including new garage and swimming pool with terrace at grade. Located: 1825 Aquaview Ave., East Marion. SCTM#22-2-6 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The location of the proposed actions; second story addition~ garden/general storage addition~ pool and related structures are within the bluff line~ a natural protective feature. The bluff line is the 38' elevation {the point of inflection along the bluff} as referenced on the site plan provided. The distance from the proposed garage to the bluff line is approximately 10 feet~ a minimum setback distance of 100 feet is required pursuant to Chapter § 275-3. Findings~ purpose; iurisdiction~ setbacks. 6.3 Protect and restore tidal and freshwater wetlands. A. C~m~y with statut~ry and regu~at~ry requirements q/~the S~uth~d T~wn B~ard ~/.Trustees lcavs and regu~ati~ns fi~r all Andros Patent and other lands under their jurisdiction. 1. Comply with Truslee regulations and recommendations as set fi~rth in Trustee permit conditions. § 275-2 Definitions; word usage BLUFF LINE -- The landward limit ora bluff'that is 25 feet landward qf the receding edge or, in those cases where there is no discernible line of active erosion, 25feet landward of the point of inflection on the top of the bl~[[ The point of inflection is' that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within jurisdiction of the Board of Trustees: (b) Bluff llne. [1] Residence: 100 feet. Swimmin, ,1 and related structures: 100 feet. the Further~ the location of the proposed actions are less than 100 feet from the top of bluff and may require a variance from the Zoning Board of Appeals pursuant to l~ 280-116. § 280-116. Building setback requirements adjacent to water bodies and wetlands. Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. 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 aclion 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 slate 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 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants tbr 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). 3. 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 anon~ supporting facts. If an action cannot be certified as consistent with the LWRP ll,Oliey sta~j~&~nd conditions, it shall not be tmdertaken. ' A copy of the LWRP is available in the following places: online {It website (southoldtown.northtbrk.net), the Board of Trustees O~ee~4~la~ni_ng Dep~i~t,~'~il local libraries and the, Town Clerk's office. ~ ,~irx_ ~, 5 U. DESCRIPTION OF SITE AND PROPOSED ACTIO~ ~ PROJECT The Application has been submitted to (check appropriate response): Wownnoa~a :] e'an~i,~g~oara[--] Building Dept. [] Boardmf~.stees 1. Category of Town of Southold agency acticfiN~he~k appropriat~s~). (a) cAoCnt is~r~ cUt~. odne :-t~lk& idni r e aC :1~~ T~.,CuYl .~.~al g y, .gen~ reg ,/N~,,..[~k.,d tn asaction) , \ ' (c) Permit, approval, license, certification: .~x~..~,., Nature an.d extent of action: 'N~ ~ Locationofaction: tt "~C rS- A cf-c/ dY-/q ~/J~ /~/./~, ~:, Site acreage: ~' ~7 ~~ ~ ~// ~ fi4) ~ Presentlmduse: ~I~ C ~ ~/c ~ ~C Present zoning classification: ~ ~ ¢~ 5/~. ~/~ ~ / If ~ application for the proposed action h~ been filed with ~e To~ of Southold agency, the folloMng info~ation shall be provided: / (b) Mailing address: ~.~/- /7 ~//~_ .~/~..~ .~/~ ~ ~ (c) Telephone number: Area Code ( ) q/ ~ - ~..~ 7.fi..~, (d) Application number, ifm~y: 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. Ewduate 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 use of a coastal location, and minimizes adverse effects of development. See LWRP Section III r- 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 Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [--] Yes [] No [~7] Not Applicable ,q 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 es [-~ No~ Not Applicable Y 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 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the ~own of Southold. See LWRP Section II1 - Policies Pages 16 through 21 for evaluation criteria Yes No XNot 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 A'aach 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 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 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 ~] N7 Not Applicable Atlach 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. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Tmvn of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No, Not Ap.licahlc Attach additional sheets if necessary 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 NOTE THIS SITE PLAN WAS PREPARED WITH INFORMATION TAKEN FROM A SURVEY MADE BY PECONIC SURVEYORS, P.C. SOUTHOLD, NY. DATED: AUGUST 3t~ 2006; COASTAL EROSION HAZARD LINE: MARCH 24~ 2008 ALL ELEVATION AND COUNTOUR LINES ARE REFERENCED TO N.G.V.D. " BROOKL,YN, ~