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HomeMy WebLinkAbout1000-145.-4-15OFFICE 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. Hila~y, LWRP Coordinator Date: March 10, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Administrative Permit for INA HASDAY _ t g INA HASDAY requests an Administrative Permit for the existing 4'X 25' walkway and masonry fire pit surrounded by slate tiles. Located: 100 MacDonald's Crossing, Laurel. SCTM#145-4-15 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 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM 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 proposed actions (masonr~ fire pit and walkway) to the wetland boundary is less than 50 feet~ a setback distance of 50 feet is required for accessory structures which will not have an undue adverse impact on wetlands and tidal waters pursuant to § 275-5 Permit procedures. Please require that the applicant amend the proposed actions to meet the above policy to the greatest extent practicable. § 275-5 Permit procedures. B. Administrative permit. Construction of accessory structures for existing single-family dwellings, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town and the setback is no less than 50 feet. 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 (~ordinator~' recommendation is lhat the aclion is inconsistent wilh the LWRP, and the agent5~ makes a contra~ determination ~ consistenqv, the agenqy shall elaborate in writing the basis fi~r its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LW~ policy s~andard~. 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~n of S'outhold LWRP CON--NeY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of So. old agencies, shall~LcomlS1ete this CCAF for proposed actions that are subject to the Town of Southol'd-W-ateffromL%nsisteney Review Law. This nssessrnent 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 Waterfrom 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 ~Md non- suooortimz facts; Ifen action cannot be certified as consistent with the LWRP¥olicy_ sl~lcl~ls and conditions, it shall not be undertaken. ~___)Lt%--¥~ A copy of the LWRP is available in the following plqcos: onlhte ag.the ~ of Southold ' s website (southoldtown.northfork.neO, the Board of T~as~iffa.~O~ t~ Pla/~ing Departmtnt, all B. DESCRIPTION OF SITE AND PROPOSED A~I'ION ~'~ scr~# /~ _ ,~ - /x- . "7-, {G ¢._03~.-~- - ...--- ('~C~ The Application has been submitted to (check appropriate response): , _ ~ L3 ~ ~ Town Board [] P,a..ing ~oara ~ ~nUaing Oep,. [] Boar~Xq/~s [--<(~.~ ~'; 1, Category of Town of Southold agency action (check appropriate response): (a) Co) Action undertaken directly by Town agency (e.g. capital conslruction, planning activity, agency regulation, land aanmction) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: 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: (b) Mailing address: (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 hoxv 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 - Policies; Page 2 for evaluation criteria. Yes [] No ~'] Not Applicable I At~aeh additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - 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 HI - Policies Pages 6 through 7 for evaluation criteria F~ 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 N 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 F~ 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 LV*rRp Section III - Policies; Pages 22 through 32 for evaluation criteria. n n d No "~ot App. ,ble 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 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 HI - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIF_L 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 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. N yes ~ No ~/Not Applicable Atta:h additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP %~Vx~XlX- ¥ ~XiCx~, ~age~ 65 through 68 for evaluation criteria. [-~ Yes [] No ~ Not Applicable TITLE DATE \x-~.Z .ic. R'~-513'4'67 win III or ~fruct~n Loyout 1)727-1727 G ADDRESS ~B~rh~f~01-0965 UNAUTHORIZED ALTERA~ON OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VNJD TRUE COPY. CERTIRCATIONS INDICATt[D HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY iS pREPN:~ED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION U53~D HEREON, AND TO THE ASSIGNEES OF THE LEND~NG INSTI- 3UTION. CERTIRCATION$ ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. /~' \ \ \ \ \ xJ.~ COVER 1 LEACHING COYER 2 COV[R 3 LEACHING COVER 4 LEACHING COVER 5 LEACHING COVER 6 LEACHING COVER 7 LEACHING I COVER 8 NO TES: 1. ELEVATIONS ARE REFERENCED TO EXISTING ELEVATIONS ARE SH( EXISTING CONTOUR LINES ARE F. FL -- FIRST FLOOR G. FL. -- ~GE FLOOR T.B. -- TOP OF BULKHEAD B.B. - BOTFOM OF BULKHEAD T*P~ -- TOP OF WALL B.W. - BO'Fi'OM OF WALL