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Home My WebLink About1000-123.-7-8OFFICE 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 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: November 11, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Administrative Permit for BUD GEORGE HOLMAN SCTM#123-7-8 Abigail A. Wickham, Esq. on behalf of BUD GEORGE ItOLMAN requests an Administrative Permit for the existing porch and deck located on the southwest side of the dwelling. Located: 350 Park Ave., Mattituck. SCTM#123-7-8 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 LVOIP. Policy 6 Protect and restore the quality and function of the Town of Southoid 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 distance from the bulkhead to the existing porch and deck is approximately 66 feet: a minimum setback distance of 100 feet from the wetland boundary (bulkhead) is required pursuant to Chapter 275-3. Findingsl purpose~ ]urisdictionl setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. (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: 100 feet. Further the proposed action may require a variance from the Zoning Board of Appeals pursuant to § 280-116. § 280-116. Building setback requirements adjacent to water bodies and wetlands. B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75feet from the bulkhead. If the agency, Board of Trustees makes a contrary determination of consistency~ the agency shah elaborate in writing, the basis for its dlaa~.reement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. I~ 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. Bud George Holman - 350 Park Avenue, Mattituck, NY 11952 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. 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", then the proposed action may affect the achievement 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 n~aximum 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 Office, the Planni~lg Department, all local libraries and the Town Clerk's office. ~ B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 123 - 7 - 8 xa~ The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees ~' ZBA _X 1. 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: X Nature and extent of action: Variance for insufficient setback from bulkhead (66 feet vs. 75 feet) and insufficient setback from sideyard (14 feet vs. 15 feet) Location of action: 350 Park Avenue, Mattituck, NY Site acreage: 1.785 acres Present land use: Single family residential Present zoning classification: R-40 2. 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: Bud George Holman (b) Mailing address: c/o Wickham, Bressler, Gordon & Geasa, P.C., PO Box 1424, Mattituck, NY 11952 (c) Telephone number: Area Code (631) 298-8353 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NO If yes, which state or federal 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 (Not Applicable ) YES. This project seeks to legalize an enclosed porch which replaced a screened in porch built in 1971, and a deck constructed shortly thereafter, so that a more beneficial enjoyment and use of the coastal location may be had. 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) NOT APPLICABLE There are no historic or archaeological resources on this site 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) NOT APPLICABLE. The structures are a small, integral part of an existing residence which have no adverse impact upon visual quality or scenic resources. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resoumes from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable) YES. The stmctm'es are behind a new bulkhead and do not create any increase in flooding or erosion danger to the property. 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) NOT APPLICABLE. No plumbing in these structures. 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) YES. Project does not adversely impact these locations, as all requirements of DEC and Trustees for bulkhead work are employed, and the buffer is close to that required (86%). Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE 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) 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) NOT APPLICABLE. This is a private property. 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 No (Not Applicable ) NOT APPLICABLE Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE. Structures will not create impact on these waters. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE 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 - YES. Ordinary residential usage. ZONING SITE PLAN PLAN HOLi~AN F~ESIDENCE gREAT PECO~C BAY 82°~V~Zl'' W 12~.~1' LT J ~ Live Search ~