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Home My WebLink About1000-44.-2-9OFFICE LOCATION: Town Hall Annex 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: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator May 6, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Administrative permit for WILLIAM LOIS SCTM#44-2-9 WILLIAM LOIS requests an Administrative Permit to install an arbor along the west side of the property and an arbor and garden area on the south side of the property. Located: 58105 Route 48, Greenport. SCTM#44-2-9 THE FOLLOWING SECTION ADDRESSES THE PROPOSED ARBOR ON NORTH~VEST SIDE OF PROPERTY: 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. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The proposed action is not a "water dependent use". It is recommended that the structure be located outside of and as far way from the CEHA area as practical to maximize the distance from the "hazard area" and minimize the potential of future structural loss. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally )equire a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. d. sites where relocation of an existing structure is not practical. The proposed action does not meet the above reasons to warrant "maintaining existing development" within the erosion hazard area. CEHA 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 statulory and regulatot~¥ requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lan& under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the wetland boundar~ to the proposed action {arbor) is approximately 32 feet; a minimum setback distance of 50 feet to the wetland boundary is required pursuant to Chapter 2?5-3: Findings; purpose; iurisdictiom setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. C. pool; D. (1) § 275-3 Findings; purpose; jurisdiction; setbacks. Jurisdiction: The.ibllowing areas are subject to protection under Chapter 275 of the Code of Southold. Any freshwaler wetland, tidal wetland, beach, bl~' dune, fiat, marsh, swamp, wet meadow, bog, or vernal Setbacks. The fi~llowing minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction qf the Board of Trustees: (a) Wetland boundary. [6] Landscaping or gardening: 50feet. THE FOLLOWING SECTION ADDRESSES THE PROPOSED ARBOR AND GARDEN ON SOUTHEAST SIDE OF PROPERTY: 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 departmeut, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 03/23/2009 09r24 ?GSGG41 BOP.RD OF TRUSTEES PAGE Town of Southoid LWRP CO.I~$IS__T~NCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of S0uthold agencies, shall complete tl~s CCAF for propo~xl actions that are subject to the Town of South01d Waterfront Consi~ten~ Review Law. Tiffs assassment is intended to supplement other information used by a Town of $ou~hold agency in making a deteaminafion of consisteaoy. *Except minor exempt actions including Building Perrnit~ and other ministerial permits not located within the Coastal Erosion Hazard Area. Before ana~vering the questions in Section C, the p~pamr of tkis form should ~view the exempt .minor action list, policies and explanations of each policy contained in the Town of $outhold Local Waterfront Revitalization Ptogratn, A pwoosed action will be evaluated as to its s!~j_~cant · beneficial and adverse effects uvon the coastal area (which includ, ei all of Southold If any que..~tion in Seccdon C on this form is anzvnxed "yes" or '~ao', th~n the propo~:l action will affect the achievement of the LWRP policy standards and conditions contained in 'the consi~ncy review law. Thus. each nnswer must_be explained in detnil- li~fin~ both supporting and non- supporiine feets, ffan action cannot be certified as consistent with the LWRP policy Standards an~ conditions, i.t shall not be undertaken. A copy of the LWRP is available in the followiag places: online at the Town of Southold website (southoldtown.nortb_fork.n~t), thc Board of Tru~tcc~ Office, the Planning local libraries and the Town Cl~rk's office. , PROJECT NAME (o/A O___c0 'O~,--~ The has been submitted .(check appropriate res'pon,se): TownBoard [] Plannm§Board[ [ B~fldingDept. [] B0ard of TruStees I. Category of Town of $out2aold agency action (che~k appropriate responseS: A0aon undertakon dirtily by · construction, plarming activity, agency regulation, land transaction) Natu~and<~,e~tofa~tion: ~C-~O~ t~et~Lt~ 09/29/2009 89:24 7GSGG4~ Sit= acrea~c: Pr~vt !~d use: BOARD OF TRUSTEES PAGE 12 Pr~ent zonir~8 c~on: ~ ~~ If ~ ~p~fion ~ ~c ~s~ ~on ~ b~n filed ~ ~ To~ of So~d ~cy, ~e foflo~ i~on s~ ~ ~d~: (a) Name of applicant: Co) Ma/ling addre~: (c) Telephone nmnber: A~ea 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, wh/ch state or federal agency? C. Evaluate tlie project to the following policie~ by analyzing how the project will further suppori or. not support thc policies. Provide all proposed Best Management Pracfiess 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 Ioeatlon, and minimizes adverse effects of development. See LWP~P Section HI - Policies; Page 2 for evaluation criteria. [~Yes [] ~No [] Not Applicable Atlach additio~,l shcets if necessary Policy 2. Protect and preserve historic and archaeological resources of ~he Town of Southoid. See LWRP Section HI ~ Policies Pages 3 through 6 for evaluation criteria [~Yes [] No [] Not Applicable 03/29/2009 09:24 765B641 BOARD OF TRUSTEES PAGE 13 Attach additional sheets ifnc~asary Policy 3. Enhance visual quality and prutcct scenic resources throughout the Town of Southold. See LW3t~P Section III - Policies Pages 6 through 7 for evaluation criteria Affach additi~mal shee~s ifn~es.~y NATURAL COAST POLICIES Policy 4. Minimize loss of llfe, structures, and natural resources from flooding and erosion. See LWRP Section IH - Policies Pages 8 through 16 for evaluation crJterla [] 'Yes [] No [] Not Applicable ~__g~ ,/)t.~,~..._~ '[r'~ ~ --.~0~ ~/~--~_,~ (3 Attach additional sheets if necessary Potlcy $. Protect and improve water quality and supply in the Town of $outhold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria Yes No [~No, Applicable Attach additional sheets if n~-~ry Policy 6. Protect and restore the quality and .function of the Town of Southold ecosystems including Significant C0nstal Fish and Wildlife Habitats and wetlands. See LWRP Seetlon I~ - Policies; Page~ 22 through 32 for evaluation criteria. 03/23/2009 00:2d 7656641 BOARD OF TRUSTEES PAGE 14 Yes No ~Not Applicable Attech additional sheets if necessary Policy 7. Protect and improve nh- quality in the Town of Southold. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria* [] Yes F-~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minim/ze environmental degradation in Town' of Southold from solid waste and hazardous substances and wastes. See LVv'RP Section IT! -~ Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No [] Not Applicable PUBLIC COAST POLIC][F_~ 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 1H - Policies; Pages 38 through 46 for evaluatibn criteria. ~ yes~ No [~Not Applicable A~tach ~lditiotlal sheets if necessary 03/23/2000 00:24 7656641 BOARD OF TRUSTEES PAGE WORKUNG COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dePendeut uses in suitable Io~ations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. Attach adflitic~l shee~s if necessary Policy 11. Promote sustainable use of 'living mzriue resources in Long Island Sound, the Pecanie Estuary and Town waters. See LWRP Section IH- Policies; pages 57 through 62 for evaluation ~riteria. [] Yes [-~ No ~N0t Applicable ' At~ach additional shee~ if uecess~gy Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Seetlon III - Poli~ies; Pages 62 through 65 for evaluation criteria. At~ach additional sheets if necessary Policy 13. promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes [] No ~ Not Applicable ~lan View LAT, 41-OD-45 LON~, 5CT# ~lq'olk C,c~ty, NY Proposed: P. evet, ment Pur'~:~., Erosion ~onb'ol Tide ~e~ ~' +/- N $ Cross Section Proposed 1"-- 10' Rock I~-~vet;ment. ~o~rox. 2~D Llneor Pee~: t o~ I on I+/- 51ope Lop Elev. = +12 ~ .............. ~";'~_~ / ......... ~, ~,,~ ~ ~ ::.....;~ ..................... }}--- SEA LEVEL MAPPING Shee~ I OF I