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HomeMy WebLinkAbout1000-107.-4-5OFFICE 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 February 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for DIANA DELUCIA SCTM# 107-4-5 DIANA DELUCIA requests a Wetland Permit to construct a 38'X 8' and 42'X 10.3' attached wood deck to the existing dwelling, and replace the steps. Located: 4573 Wickham Ave., Mattituck. SCTM#107-4-5 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. 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 wetland boundary to the proposed action {deck) is approximately 24 {see Figure #1); a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3. Findings; purpose; iurisdiction; 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. [Amended 10-11-2005 by L.L. No. 17-2005] O) (a) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: Wetland boundary. [ 1 ] Residence: 1 O0 feet. Figure #1 View of wetland boundary and setback of the subject parcel. 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. ti. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agenc:v makes a conlra~ determination c?/' consistentT, the agency shall elaborate in writing the basis .~hr its disagreement with the recommendation and state the manner and extent lo 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. LWRF CON~Ib'I'I~'NI..~Y A~,.~I~_ME. DfI' FU.I(JV1 A. INSTRUCTIONS All applicants for p~a~ts* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subj~t to the Town of Southold Wa~fiont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a det~u~inafion of ennsisteney. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answerlnE 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 Waterfiont Revitalization Program. A proposed action will be evaluated as to its sionificant beneficial and adveme 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. Thns~ ~eh answer mnst be ex~lnined in detnil, llstinR bol~ suooor~ng and non- suooorfin~_ facts. If an aclion cannot be certified as consistent with the LWRP policy standards and conditions, it shall Rot b~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 Planning Del~tmant, all ozscme'nos SlXZ r OPOS ) AcrIOS iOOo - tO'/ - Oq O5" PROJECT NAME I~---OOE-~/~L~Tv~Y~-I~- Gx:~'tlt,~ '\\~^ The Application has been submitted to (cheek appropriate response): "--.fK ~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Lo~.ationofaction: qg?:~ vv'tC/~l ~ ~- A4A-t"~ToC-.~ '~'-~ [ Site acreage:. , o~ Present land use: [zC--S! Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following ilfformafion shall b~ provided: (a) NameofapPlicant: ~{~r,J/~ (b) Mailing address: [2_ ~o'OT'M ~att (c) Telephone number: Area Code ( ) ~"~1 ~9' ~c:/~O (d) Application number, if any:. Will the action be directly undertak~m, require funding, or approval by a state or federal agency?. Yes [-] No~ Ifyes, which ~t¢ or federal agenc~.~ C. Evaluate the project to the following policies by anal. lng how the project will further support or not support the policies. Provide aH proposed Best Management Proctiees that will further each policy. Ineomplete answers wffi 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, make?~eneficial use of a coastal location, and . minimiT~s adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation criteria. ~f-~Yes ['-] No [--] Not Applicable Attach additional sheets if necessaoj Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - 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 LVg~P Section Ill - Policies Pages 6 through 7 for evaluation criteria ~-~ Yes ~-] No ~-~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. MinimiT~ loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Page~ 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 Ill - 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 m- Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable At~ach addilional sheets if necessary Policy ?. Protect and improve air quality in the Town of Sonthold. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No~ Not Applicable At~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section lli - Policies; Pages 34 through 38 for evaluation criteria. ~-~ Yes N No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, pubflc lands, and public resources of the Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No ~-] Not Applicable ARach 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 HI- 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 HI- Policies; Pages 57 through 62 for evaluation criteria. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - 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 HI - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [~ No ~ Not Applicable PREPARED BYe_ T1TLE C)LU~JCF-~ DATE O.wne~r and Preparers: Diana DeLucia and Albert Leutwyler 4573 Wickham Avenue Mattituck, NY 11952 Northeast Neighbor: SCTM 107-4-211 Allan Dickerson 460 Paddock Way, Mattituck, NY 11952 35'00" £ (TO HWL) ~46.5' FND MON SCTM 1000-107-04-005 Wetland Boundaries delineated by Jeffrey L. Seeman Coastal Environmental Corporation East Quogue January2008 Description of Project: Remove existing entry steps into house on two sides. Construct a wood deck with 36" rails all around plus two sets of steps for access. Attach deck to existing house on three sides 42"above ground level. Add french drains, gutters and dry well to mitigate water runoff Total lot size is 14,400 sq ft. Impervious coverage of house prior to decking is 852 sq ft, or 5.9%. Impervious coverage after decking is 1,518 sq ft, or 10.54% No clearing or fill needed. No plants or trees will be disturbed. P6.1' ? END MON ~l feet Connection from gutters a nd location of Dry Well Drains\, i# FND MON Southeast Neighbor: SCTM 107-4-6 Ivan Tchebotarev 4583 Wickham Avenue Mattituck, NY 11952 N 84035'00" W \ 153.0' Southwest Neighbor: SCTM: 107-4-12 Shirley Tuthill 448 Heron Pont, Chestertown, MD 21620 -"" (TO HWL) Scale: 1" = 16' I I