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Home My WebLink About1000-90.-3-16OFFICE 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: March 10, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Administrative Permit for MARC SOKOL SCTM#90-3 - 16 Anne Pizzicara on behalf of MARC SOKOL requests an Administrative Permit to install a temporary 6' high deer fence using metal posts, 10' from the wetland boundary. The fence is proposed to be installed in the Fall and removed in the Spring. Located: 965 Cedar Point Drive East, Southold. SCTM#90-3-16 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. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem 6.1 Protect and restore ecological quality throughout the Town of Southold. B. Protect and restore ecological quality by adhering to the following measures. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for aH Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Only in rare cases~ where an applicant has shown that there is a need to protect his/her property, split-rail fences are allowed. In those rare cases were split-rail fences are permitted, the fence shall be perpendicular to the waterline and no closer than 10 feet to MHW pursuant to § 275-11. § 275-11 Construction and operation standards. d. General. The fo/lowing standards' are required fbr all operations within the jurisdiction of the ~/Yuslees: Fences. Trustees reserve the right to permit erection of a fence where the applicant has shown that there is' a need to protect his/herprivateproperty. In these rare cases, only split-rail fences are allowed on beaches and wetlands. Such J~nces shall be ferpendicular to the waterline and not closer than 10 J~et to MHW~ Only one posted sign per/00 linear f~e! oJ~'ence is allowed. Posted signs shah be no larger than 12 inches by 12 inches square. Any fimce, barricade or impediment lo pedestrian trc~c on the beach or wetland area in violation of lhe provisions of this chaplet ,shall be removed upon written notice lo the owner qf the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment ,shall be retnoved by the owner within 30 days of the date of the notice. Upon Jbilure to comply with ,such notice, the Building Inspector, Code Enforcement Officer or Bay Cons'table may remove or cause the removal of the illegal struclure. [f art), .[knce, barricade or impediment is determined by the Building Inspector Code Et?fbrcement Officer or Bay Constoble to create a hazard to the health, safeO, or we/fare qf the public, such structure may be removed and disposed of ~y the Town withoul prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town Jbr the removal qf such fence, barricade or impediment shall be the responsibilily of the owner. The Town may pursue at(F and all remedies available at law to recover arty unpaid costs associated with removal, including .filing a slatement with the Town Assessors, identifying the properly in connection with which such expenses were incurred and the owner thereof as shown on the lalest assessment roll of the Town. The Assessors, in preparation of the next assessmen! roll, shall assess such amount upon such property. Such amount shall be included in the leEy against such proper/y, shah constitute a lien and .shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalO, as is provided by for the collection and enforcement of real properly taxes in the Town qf Southold [Amended 10-11-2005 by L.L. No. 17-2005; 12-18-2007 by L.L. No. 23-2007] Figure #1 Existing fencing on subject parcel. Figure #2 Proposed location on subject parcel for 6' high deer fencing. 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. In the event the LWRP ('oordinator's recommendation is that the action is inconsistent with the LWRP, and the agentT makes a contrary determination of consistent% the agentT shah elaborate in writing the basis fi~r its disagreement ~ith the recommendation and slate the manner and extent to which the cwtion is consistent with the L WRP polioT 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. To.wn of S. outhoid 1. All applicants for permits* including Town of'nSouthold agencies, shall ~/:omplete this CCAF for proposed actions that are subject to the Town of Southold Waterfxont 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 si~ificant 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 a~eered "yes" or "no", then the proposed action will affect the achievement of the LWRP pelicy.~jd~ards and co.n. ditions contained in the consistency review law. Thus, each answer must be'~l~la[aed in detail, listing, both suooortm~ and non- sulmortin~ facts. If an action cannot ItllnJ~fied as consistent with ~he LWl~,P polity standards and conditions, it Shall not be undertaken. ~ f~ \ A copy or the LWRP is available in the fo~Wing place~d~n~ne at t ae ~"".4~0~..~l.s_, website (southoldtown.nonhfork.net), the Board of Trustees tt ! g b partment"' , all local libraries and the Town Clerk's office. ~t_,xr-,x~ B. Descanmot oF srre nso Imm, oseD ACTId / The Application has been submitted to (check appropriate response): . TownBoard [] ' gBoardl I BuildmgDept. I I B~8[lldbfTrustees 1. Category of Town of Southold agency action (check appropriate respon~J} ( ~/~ J' 9 (al Action undertaken directly, by Town agency (e.g. Capital ~/0~ constxuction, planning activity, agency regulation, land ~'ansactio'~ (b) Financial assistance (e.g. grant, loan, subsidy) / (c) Permit, approval, license, certification: ~-~ Nature and extent of action: ' ~ 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 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 N 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. ~'~ Yes ~ No [~ot 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. ~ Ye~f-] No [~/Not Applicable Attach additional sheets if necessary WDRKI~ G COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent ~ses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [] No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~'~ Yes ~ No ~ Not Applicable ' Atlach additional sheets fnecessary. 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 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 F-] No ~7~ Not Applicable TITLE ~ DATE --~bl&'~/°~' 80.$9