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HomeMy WebLinkAbout1000-80.-5-4.1 OY~ICE LOCATION: Town Hall 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: Jim King, President Town of Southold Board of Trustees. ~"- Mark Terry, Principal Planner LWRP Coordinator Date: December 14, 2009 Re: Proposed Wetland Permit for NSHE WILLIAMSTON LLC SCTM#1000-80-5-4.1 Suffolk Environmental Consulting, Inc. on behalf of NSHE WILLIAMSTON LLC requests a Wetland Permit to construct a 14'X 35' swimming pool within the western portion of subject property. Located: 220 West Shore Dr., Southold. SCTM#80-5-4.1 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 me, it is my recommendation that the proposed action is INCONSISTENT with the below 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 ether lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The top of bluff line or "bluff line" has not been identified pursuant to § 275-2 Definitions; word usage. of the Southold Town code which defines a bluff as: BLUFF - Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean Iow water. The landward limit is 25 feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. Figure 1. Subject parce Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront 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. 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 significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be 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 Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 080 05 004.1 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): construction, plaiming activity, agency regulati0nl land transaction) ' (b)Financial assistance (e.g. grant, loan, subsidy)' ~ ~)~,L~ ~'O'~x [~ (c)Permit, approval, license, certification: ' Nature and extent of action: App~cant proposes to consUuct a 14.0' wide x 35.0' long sw~ng ~1 (490 square feet&) ~i~ the western portion of subject properB~. ..... Location of action: Site acreage: n/s West Shore Drive; Town of Southold~ New York 0.4 acre -+ Present land use: Single family dwelling with related appurtenances Present zoning classification: R - 40 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: NSHE Williamstown LLC (b) Mailing address: 101 Bell Hollow Road; Putnam Valle¥~ NY 10579 (c) Telephone number: Area Code ( 845 ) 528 - 0672 (d) Application number, if any: N/A 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? NYSDEC 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 Ill - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this proposal is to construct a pool which is a common appurtenance in the Town. The proposal, as desi~lned, will not result in adverse effects to the surroundin.cl environment in that the oroiect has been desi.qned in such a way as to maintain or exceed all required re.qulatory conditions associated with pool construction on a let situated in proximity to the surface waters surroundin.q the Town of Southold. In addition, the proposed pool will be served by adequate drywells to handle any and all overflow. Accordin.qly, we believe that this prelect is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subiect lot and the surroundin.q nei.qhborhood cannot be deemed a substantial historic and/or archaeolo~tical resources. 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal will not adversely impact the visual quality of the surroundin.q area in that the proposed swimmin.q pool will be effectively screened by the existin.q and proposed ve.qetation from all surroundin.q properties. Therefore, we feel that this proposal is consistent with this ~)olicv. 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 Subject proposal will fully comply with Policy 4 in that the location of the improvement within subject property is to be situated 53' landward from the top of the bluff. The chances of any loss of life or structures from construction and use of this pool are ne.qli.clible. Therefore, we feel that the proposal is consistent with this policy. 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 Subiect proposal will comply with Policy 5 in that the proposed pool will be served by a drywell that will handle any and all runoff. Construction of the proposed pool will utilize hay bales and siltation fencing, thereby protectin.q situate surface waters. Therefore, we feel that the proposal is consistent with this policy. 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 Subject proposal will comply with Policy 6 in that proposed pool is desi.qned to meet the environmental .quidelines and requirements of both the Town of Southold Board of Trustees and the New York State Department of Environmental Conservation, and consequently, will maintain the intearitv of the surroundin.q ecosystem. Therefore, we feel that the proposal is consistent with this policy. 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 Subject proposal is not applicable in that the proposal is simply construct a pool which historically does not result in any form of adverse effects to air quality. Accordin.clly, this proposal is not applicable with this policy. 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 Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary 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 llI- Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable This policy is not ar~Dlicable to the Drooosal in that subject parcel is a private lot and has no possibility for public access to coastal waters or public resources. However, as the DrODoSed construction is occurring substantially landward of the situate bluff, the proposal could in no way impede the use of Lon.q Island Sound or the beach seaward of subject parcel. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, etc...). 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 II1 - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve any form of marine resource mana.qement (i.e. commercial fisheries, recreational fisheries, aquaculture, etc.. 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. [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve a.qricultural lands ('i.e. the conversion of farmland, the establishment and/or maintenance of new coastal aRricultural production, etc...) 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 [] No [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve the conservation of enerlqy resources on a commercial level and/or the promotion of alternative ener.qy sources, proper maintenance of fuel storaae facilities and/or the extraction of mineral extraction. Attach additional sheets if necessary Created on 3-29-2006 @ IO:OOAM NOV - 4 on9,29" E 88.19 ~~~_ [ ~ ~ RE.ON SHORES, ~ ~ ~ ~ ~/~ ~ TOWN OF SOUTHOLD / ,~ " _ · SUFFOLK COUNTY, N,Y / , ~ SCTM: 1000-080.00-05.00-4.1 /& ~ 0 LOT AREA:16571.2 SQ. FT. ~ TWO STORY ~ r , ~ ~ WALL ' ~ Ven } V~- AMENDED 08/24/2009 REDDAN SURVEYING INC. 982 MONTAUK HIGHWAY BAYPORT, NEW YORK 11705 NSHE WlLLIAMSTOWN LLC. Phone 6~1-654-~845 F~x 6~1-289-1978 mollbox~eddon~r~.c~