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HomeMy WebLinkAboutWaterfront Consistency Review Law OFFICE LOCATION: Town Hail Annex 54375 State Route 25 cor. 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 MEMORANDUM To~ From: Scott Russell, Supervisor ~ Members of the Town Board Mark Terry, Principal Planner LWRP Coordinator Date: November 30, 2009 Re; Local Waterfront Revitalization Coastal Consistency Review of"A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law" The proposed amendments exempt certain "minor" actions from Local Waterfront Revitalization Program (LWRP) Coastal Consistency Review that integrate best management practices into design and/or are insignificant in scale, practice or are located a certain distance to a protected, regulated feature. Through compliance of the identified setbacks or best management practices, the proposed actions meet or further the policies and sub-policies of the LWRP and are therefore exempt from review by the LWRP Coordinator. The discretion of the boards to review applications to the Southold Town Code remains in full effect. It is important to note that the wetland buffer tables (Tables 1 and 3) proposed within the amended local law were developed to exempt residential applications not located adjacent to New York State Scenic Byways, Scenic View-Sheds Important to the Community or within Coastal Erosion Hazard Areas or VE/AE Flood Zones. Residential applications within these areas are subject to numerous other policies and sub-policies. The wetland buffer tables together with the other amendments proposed, meet and further Policy 6.3 Protect and restore tidal and freshwater wetlands, more specifically, sub- policy (D) outlined below. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. The adequacy of the buffer depends on the following factors: Potential for adverse effects associated with the use. Uses such as those involving hazardous materials, on-site sewage disposal, or mineral extraction have high potential for adverse effects and may require substantial buffer The nature and importance of the wetland and its benefits. Substantial buffers may be necessar~ to avoid adverse effects from adjacent or nearby uses based on the nature of the land use and the characteristics of the affected wetland, Direction and flow of surface water between a use and adjacent or nearby wetland. Buffer widths may be reduced in areas where drainage patterns normally do not lead directly to the wetland and where adverse affects on the wetland, other than those due to runoff, are not likely. Buffer width necessary to achieve a high particulate filtration efficiency of surface runoff as determined by vegetative cover type, soil characteristics, and slope of land. Other management measures or design alternatives to protect wetlands from adverse effects where site constraints do not allow sufficient buffer width. Maintain buffers ~o ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas, Based upon the above, the local law was reviewed to Chapter 268, Waterfront C6nsistency 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 me, it ~s my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. DEVELOPED COAST POLICIES 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. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Policy 5 Protect and improve water quality and supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. WORKING COAST POLICIES 'Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney P~G BOAP,~D MEMBERS MARTIN H. $IDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fa.x: 631 765-3136 MEMORANDUM To; Scott Russell, Town Supervisor Members of the Town Board From: Martin Sidor, Planning Board Chairperson Date: November 30, 2009 Re' Planning Board Comments on "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law" The Planning Board has reviewed the above proposed legislation and fully supports the amendments recognizing that the changes streamline the application process and exempt certain applications (lot lines) and activities that pose insignificant impacts to LWRP goals and policies. Cc: Martin Finnegan, Town Attorney 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by AI)ptlcant or Project Sponsor) 1. APPLICANT/SPONSOR I2. PROJECT NAME Town of Southold / Amendments to the Waterfront Consistency Review Law 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSEDACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Amendments to thc Minor Exempt Actions List of thc Waterfront Consistency Review Law 7. AMOUNT O).~ LAND AFFECTED: Initially N.~ acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: All apply within thc jurisdictional limits of thc Town of Southold 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes --~J No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes ]'--~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWI-EDGE Applicant/sponsor name: Date: 11/30/09 Signature: If the action is in the Coastal Area, and you are a state ag.ency, complete the Coastal Assessment Form before proceeding with thEs assessment I OVER PART II - IMPACT ASSESSMENT (To be completed by Lead A~ency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~Yes ~]No B. WILLACTiON RECEiVECOORDiNATEDREVlEWASPROVIDEDFORUNLISTEDACTIONSIN6 NYCRR, PART617'67 IfNo, a negative dedarafion may be superseded by another involved agency. [~Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, signiticant habitats, or threatened or endangered species? Explain b~efly: None C4. A community's existing ptans or goals as officially adopted, or a change in use or intensity of uss of land or other natural resources? Explain briefly: None C5. Growth, subssquent development, or related activities likely to be induced by the propossd action? Explain briefly: None CO. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: None C7. Other impacts (including changes in uss of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bhetly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significanL Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevereibility; (e) geographic scope: and (f) magnitude. If necassa~, add attachments or reterance supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts heve been identiflecl and adequatelY addrassed' If queslJon D of Part it was cpecked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more botendally large or significant adverse impacts which MAY occur. Then proceed dlroofly to the FULl EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supeorting docementetion, that the Propessd ac~ne WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determlnatiar Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 11/30/09 Date Supervisor Title of Responsible Officer