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HomeMy WebLinkAbout1000-6.-8-7 & 3.2 OFFICE 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: Leslie Weisman, Chair Members of the Zoning Board of Ap,~eals Mark Terry, Principal Planner~xL~ LWRP Coordinator Date: April 21,2010 Re: Coastal Consistency Review for ZBA File Ref. CMEEC/F I ELECTRIC CORP. #6375 SCTM# 1000~ (.~-~- -~ CMEEC/F I ELECTRIC CORP. #6375. Applicants request a Special Exception under Section 280-13B(6), public utility, installation of an emergency generator and request for relief from 280-105B, fence at more than the code required height of 6 % feet, at 1866 Central Ave., Fishers Island, NY. CTM#6-8-7&3.2. 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 CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided that the following is considered to further the below listed policies, In the In the event that the action is approved to further Policy 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. It is recommended that a vegetated screen (landscaped buffer) be required to mitigate the visual impacts of the structure from the public road. A sample definition follows. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the irhmediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed 0f pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009 Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaioro, Assistant Town Attorney Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 26, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6375 (CMEEC) Dear Mr. Terry: We have received a request for a Special Exception for a utility on Fishers Island. A copy of the ZBA application, survey map, project description form, and plans are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. Very truly yours, Leshe K. We~sman Chairperson SOUTHOLD TOWN BOARD OF APPEALS APPLICATION FOR SPECIAL EXCEPTION Applicafign No. Date Files: I (WE) l~reby apply to the ZONING BOARD OF APPEALS, Southold, New York for a SPECIAL ~XCEPTION in accordance with tho ZONING ORDINANCE, ARTICLE , SECYION SUBSECTION Ow~s)(ss applicant): Connecticut Munic±pal Electr±c Energy Cooperative (CMEEC) Mailing Address: 30 scott Avenue, Norwich, CT 06380 Telophona: 860-889-4088 NOI~E: If applicant is not the 6whet, state ff applicant is owner's attorney, agent, architect, builder, contract vendee, etc. AuthorizedRopresontative:. ~abrie~ B. Stern, Direccar, Plannlng & P~ojec~ Developmen~ · Address: .30 s~o~ ~verme, Norwich, CT 06380 Telephone: 860-889-4088 For the below-d~sCnq~ed propo'ty for the following uses and purposes'(and as shown on the at~ached plan drawn te scale): (attach separate sheets if needed) Statement of Ownership and Interest: Fishers Island Electric Corporation iS (are) the ~wn~(s) ofpmper~ known andiefe~e~o~s 1866 Central Avenue, Fishers Island, NY ~Ionse No., S~ree~ Hamlet) · idontified on the Strffolk County Tax Maps as District l000, Secfioh 06 ,Block 8 Lot(s) 7 &3.2 ,whichisnot0s)onasubdivisionMap(Ffled ,"Ma~of LIBER 12592-Paqe .934 " Filed Map No. ' ,andhas been approved by the $outhold Town Panning Board on as a [Minor] [Major] Subdivision). Theabove~doscr~edpr~pertywasab, quimd by the owner on January 8, 2009 ...'' B..'l~te applicant alleges that the approval of this exception would be in harmony with the intent and purpose of ~aifl z9ning o~dinance and that the proposed use conform~ to the standards pres~n'bcd ~borbforo in 8aid ordinance and would not be detrimental to propea~ or persons in the neighborhood for the following C. The property which i~ the subje~ of this application is zoned B and. [ ] is consis~nt with the uso(s) descn'bed in the C~rtificate of Occepancy(c°Py attached). [ ] is not oonsistont'with the Certificate Of Occupancy being furnished herewith for the following re,on(d): [ ] is vaca. t land. COUS~ or strvFO~r:) STATE OF'NEW YORK) 8wor~ to before me this I ~q>day of ~,.5 ao ~ (Nofln'y Public) ZBA2, (xev. 2/06) Notary Publlc-Conneotlcut l[ My Commission Expires April 30, 2012 l[ PtEachm~nt A APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: February 11, 2010 I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extension. s): Dimepsions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being consa'ucted7 If yes, please provide height (above ground) measured from natural existing grade to first floor:· III. proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFOP,_E Alterations: Concrete Slabs with Apparatus Landed (See Drawing Set) NumOer of Floors and Changes WITH Alterations: IV. Calculations of bui!ding areas and lot coverage (from surveyo)): Existing square footage of buildings on your property: Proposed increase of bu!Iding coverage: Square footage of your lot: Percentage of coverage off/our itt by building area: V, Purpose ofNew. COnstrucfion: VI. Please describe tile land contours (fiat, slope %; heavily wooded, marsh area, etc.) on your land and how it rdates to the difficulty in meeting the code r~quirement~): ' See attached survey =iear area in utilxty yard. SX~ghtly sXoped (approx. 1%) toward Central Avenue. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005;' 1/2007 Attachment B: PROJECT DESCR/PTION The Connecticut Municipal Electric Energy Cooperative (CMEEC), a state-chartered municipal energy cooperative organized pursuant to Chapter 10la of the Connecticut General Statutes seeks to install and operate one 2.5 mW diesel electric generating unit and ancillary equipment on leased property located at 1866 Central Avenue, Fishers Island. The unit on Fishers Island is being installed in conjunction with Groton Utilities (the municipal entity that supplies elech'ic power to Fishers Island) as part of CMEEC's "50 in 5" program. Groton Utilities is a member of the CMEEC municipal energy cooperative. The proposed Fishers Island generator is one of 20 identical such units; the other 19 being installed at various sites in southeastern CT. These generating units are intended for the benefit of CMEEC's participant municipal electric utilities to reduce peak demand power supply costs. As an added benefit, they will provide back-up emergency power within their local distribution grids during a natural or man-made event causing interruption of power. The emergency power aspect of this project is especially important to the citizens of Fishers Island. Fishers Island currently has no municipal generation source. It has no electrical connection to any source of electric power from within the State of NY. Its electric power is supplied by underwater cables from Groton Utilities, Groton, CT. The proposed unit will be available to provide vital emergency power in event of disruption of electric service to Fishers Island from Groton. At 2.5 mW, the unit will be capable of meeting the entire electric load demand of the Island. Of all our sites, Fishers Island will benefit most in this regard. The Facility is planned to be located on land leased from Fishers Island Electric Utility. This site was chosen because it is an industrial location at a substation where electric power generation has been conducted since the early 1940's. The last of the old generators was removed from the site in January 2009. FIEC retains its registration as a Generator Operator with the US Department of Energy at the existing site at 1866 Central Ave, Electric Generator Operator ID: 6369, expires 12/31/10 (will be renewed). By any measure, this site is an ideal intemonnection point for the proposed new generator. (Attachments F, G, L, and M) By its nature, the substation site is currently used for municipal electrical equipment; hence the installation of the new generator here will cause no change in the nature or use of the location. The facility will be normally unmanned, monitored and controlled remotely. There will be no adverse impact on parl~ing or traffic flow at the site. (Attachment G) The nnit is equipped with emissions control provided by a best-available-technology selective catalytic reduction (SCR) system and diesel particulate filters. Together, these are designed to reduce both particulate matter and NOx emissions. (Attachments K and N) The Fishers Island unit will operate for a few hours during late afternoon hours a few days per week during the year. Total nm time is expected to be about 300 hours per year, distributed within each month with proportionally more nm time during peak demand in winter and summer months. The Generator Enclosure has been specially designed to be very quiet, <65 dB at 50feet. 65 dB is a backgronnd noise level at which ordinary conservation can be conducted without raising the voice. (Attachment N) Several permitting actions regarding the planned installation of the unit on Fishers Island have been taken: -- An application for an air emissions permit (Application ID: 1-4738-03923/00001) was submitted to the NY DEC in August 2009. The DEC review has been completed satisfactorily. The DEC issued a Tentative Determination to Approve on January 11, 2010. The DEC has advertised in the Suffolk Times for public comment on the project. The period for public comment closed on February 19, 2010 with no adverse comments. The DEC contact person is Ms. Kendall P. Klett; phone 631-444-0363. -- The New York State Department of Environmental Conservation, as Lead Agency, issued a fmding on January 11, 2010, that the proposed project will not result in any adverse environmental impact and that a draft Environmental Impact Statement will not be prepared. In its review, the DEP considered many aspects of the project, including: air pollution emissions; water quality; noise levels; traffic; erosion; drainage patterns; endangered species and migratory pathways; critical environmental areas; consistency with existing use and intensity of the land; disturbance of natural, aesthetic or cultural resources; energy usage and generation of solid waste; and any long-term or cumulative impacts of the project. In each case no adverse effects were noted or anticipated. The DEC contact person is Ms. Kendall P. Klett; phone 631- 444-0363. (Attachment P) -- The New York State Department of Environmental Conservation determined on January 11 2010 that the State Environmental quality Review (SEQRA) status of the proposed project was "Unlisted Action" and a Negative Declaration Notice of Determination of Non-Significance was issued (# 1-4378-03923/00001). The DEC contact person is Ms. Kendall P. Klett; phone 631-444-0363. (Attachment C) -- An Application for Permit to construct a Toxic/Hazardous Materials Storage Facility was submitted to the Suffolk County Department of Health Services on January 19, 2010. This application (M-2291) is under review. The Department of Health contact person is Mr. Kenneth A. Clunie; phone 631-854-2528. The hazmat materials facility consists of: (1) the diesel generator 4.200 gallon main fuel tank, (2) a 150 gallon diesel fuel day tank within the engine's fuel delivery system and (3) a 1550 gallon urea storage tank. The chemicals associated with the generator are common, relatively benign, substances in widespread indusl~ial and public use: low sulfur diesel fuel, propylene glycol anti-freeze, 40% urea solution, and 15W- 40 lubrication oil. 40% Urea is used within the selective catalytic reduction system as part of the NO× control technology. Our submittal to Suffolk County addressed tank construction, level and leak detection instrumentation, alarms, piping, fittings, overfill protection, spill prevention and spill mitigation. This permit application is under review with no adverse considerations determined to date. (Attachment O) -- Flood zones were considered. The survey conducted in mid-2009 has been updated to show the new (Sept 2009) flood zone mapping. The project remains above the local flood zone under the new mapping. A copy of the updates survey is attached. (Attachment F) The first five identical units are currently being installed and commissioned on three sites (two are on dual-unit sites) in Connecticut. Each anit has received emissions permitting approval fi.om the CT DEP and all local permits have been approved without special conditions or exceptions. CMEEC would gladly host a tour of these sites for any Town of Southold officials desiring to see the installation first-hand and form personal assessments on the potential impact on the local community. The Fishers Island unit is the same as a unit currently operating in an identical service profile in the middle of downtown Jewett City, CT with no adverse public comment of any kind. The Fishem Island unit will be sited entirely within and on a very small portion (993 fi 2/47,441 fi 2) of an existing utility industrial area. The 993 fl[ 2 footprint of the site construction: comprised of three concrete separate pads to support the generator, the urea tank and a small station service transformer will have no deleterious effect on water runoff. A security fence around the pads expands the area in use to about 3,050 fl[ 2. The 6" of crushed stone to be placed around the concrete pads within the security fence will have a beneficial effect in retaining and directing storm water runoff (Attachment K) Although it is visually appealing, this installation will not be readily seen by the public. It is screened by a bluff and trees/shrubs to the north and west, a large electric utility building to the south and east and trees and shrubs to the north. It can be seen behind the utility building from a northeast vantage point. Attachments C and K) CMEEC plans to use the same construction team (Matrix Power Services, Inc.) that is currently involved in the other 19 units. All electrical work will be done by, or under supervision of, Groton Utilities or the generator manufacturer, Cummins Power Systems. Nearly all construction materials will be brought by ferry from New London, CT. No material will be removed fi.om the site. There is no plumbing associated with this project. Our construction and installation planning derives fi.om experience in several nearly identical sites in Connecticut. (Appendix K) In summary, this is an environmentally benign project, located in an existing electrical utility area having the same historical use profile. It will have several design features that will mitigate it effect on the surrounding environment. It is visually attractive. Most of all, it is in the interest of the citizens of Fishers Island by providing infrastructure that will produce both peak shaving economic advantages and vitally needed emergency back-up electric service. CONNECTICUT MUNICIPAL ELECTRIC ENERGY COOPERATIVE February 22, 2010 Ms. Vicki Toth Town of Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 PO Box 1179 Town of Southold, NY 11971 30 Stott Avenue Norwich, CT 06360-1526 860-889-4088 Fax 860-889-8158 Subject: Reference: CMEEC Generator Project on Fishers Island, New York Application to the Town of Southold Building Department by the Connecticut Municipal Electric Energy Cooperative for a building permit for the construction and operation of an electric generator facility as (1) a Permissible Expansion of Prior, Historic, Valid Non-conforming Structures, Buildings and Use; and if(l) is not applicable, (2) a Special Use Exception for Publi9 Utility Installations and Structures. Dear Ms. Toth: At the recommendation of Mr. Michael J. Verity, Town of Southold Chief Building Inspector, Connecticut Municipal Electric Energy Cooperatiye (CMEEC) hereby submits its request for a review for zoning compliance with respect to the proposed construction and operation by the Connecticut Municipal Electric Energy Cooperative ("CMEEC") of a 2.5 megawatt ("MW") electric generator facility (the "Project") on Fishers Island, New York. For the reasons further documented below (in section I), CMEEC submits that the Project is a permissible expansion ora prior, historic, valid non-conforming non-residential structure, building and use. While CMEEC believes that the proposed construction and operation of the Project fits squarely within the provisions of the Town of Southold Zoning Code (the "Code") permitting certain expansions of prior non-conforming structures, buildings and uses, if this is not the case, CMEEC is also hereby applying, in the alternative, for approval ora Special Use Exception pursuant to sections 280-13B. (6) and 280-48B. (1) of the Code with respect to the Project. The basis for this request, in the alternative, is set forth in section II of this letter. This review is requested in order to support proposed site preparation and installation of the Project on land to be leased by CMEEC, located entirely within the existing utility substation yard of the Fishers Island Electric Corporation ("FIEC"), designated as Map 1000, Section 06, Block 08, lot 7 and 3.2 (the "Lot"). The Project will be subject to site plan approval by the Town of Southold. L the Proiect is a Permissible Expansion of a Prior, Historic, Valid Non-conforming Structure, Building and Use. Background: The Lot, with a total area of 47,441 square feet, is predominantly located in the "B" Zoning District. The Lot, the zoning district boundary lines, and the dimensions and locations of the existing and proposed buildings and structures comprising the Project are identified in a plan, labeled as Attachment F, Site Survey and Attachment L, Site Plan, attached hereto and made a part hereof(the "Plan"). The FIEC is the electric utility providing electric service at retail on Fishers Island. FIEC has historically since the 1940's~ utilized the Lot for the installation and operation of diesel electric generators and currently utilizes the Lot for the purposes of electric utility and electric generating operations. These operations conducted on the Lot include the storage of electric utility equipment and inventory, the parking of electric utility service trucks, the installation and operation of an electric substation (including transformers and electric poles and lines) and the installation and operation of electric generating facilities and associated fuel storage tanks. These electric generating facilities have historically provided back-up generating capacity to FIEC so that it can maintain electric service by operating these facilities in the event of a loss or outage of the underwater electric cable connecting Fishers Island to the Connecticut mainland. The underwater cable is the primary supply of electric service to the Island. In anticipation of the construction and operation of the Project, FIEC removed the prior electric generating facility on the Lot in January, 2009. The footprint area of FIEC's existing structures on the Lot is as follows: Existing Structures/Buildings Principal Building "Butler Building" Transformer/Substation Pads Total Building/Structure Footprint Area 4,644 sq. fr. 1,500 sq. ff. 1,000 sq. fi. 7,144 sq. fr. FIEC's use of the Lot for electric utility and electric generating purposes is long-standing and a valid! prior non- conforming use pursuant to the Code, Section 280-123. If FIEC's uses were new and not authorized as a valid, prior historic and non-conforming use, it could.be permitted in the "B" district pursuant to a special exception approval by the ZBA. Code, section 280-48(B)(1) (incorporaiing by reference 280-13B(2)-(12),particularly (B)(6)). Fur the reasons set forth below, CMEEC respectfully submits that such additional approval is not required with respect to the Project. Description of the Pr?ject. CMEEC proposes to lease a small portion of the Lot from FIEC, comprising 3,200 square feet of demised area, under a long-term ground lease for the siting of the Project. The Project will entail the installation and operation of an electric generating facility, associated fuel storage and an electric interconnection to allow for the delivery of the electric output from the Project to FIEC's existing electric distribution network. The total occupied area of building and structure footprint of the Project only is 993 square feet, comprising a 14 % increase in the "footprint" currently occupied by existing structures and buildings on the Lot. All of the Project will be located within the portion of the Lot located within the "B" zoning district. The Project is a continuation of the electric utility uses which have occurred to date on the Lot. A detailed Project Description is included as Attachment B. Relevant Provisions of the Code: Section 280-123(A) of the Code provides, in relevant part as follows: A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: ~ The operation of the first generator on the site appears to pre-date the 1957 adoption of the Town of Southold Zoning Code. Page 2 of 5 a~_ Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (emphasis supplied). The maximum lot coverage for the "B" district, in turn, is defined as 30 percent of the total lot area. See Code, 280, Attachment 4. Conformity of the Project with the Code As previously noted, the Project entails the construction and operation of an electric generating facility which replaces an electric generating facility owned and operated by FIEC located on the same Lot. It is, therefore, the continuation of an existing valid, non-conforming use. The following table summarizes the relevant dimensional components of the Project and the applicable provisions of the Code. Total Lot Area 47,441 sq. fh Existing Building/Structure Foot-print i 7,144 sq. ft. Project - Incremental Square Feet (as % of Existing [993 sq. fi.][ 14%] Footprint). Permissible Maximum Expansion of Valid, Prior Non- [1,071 sq. ft.](15%) conforming Structure/Building area in Square feet and %. Building/Structure Footprint, inclusive of Project, in [8,137 sq. ft.][17.2%] square feet and as % of Lot area Permissible Maximum Lot Coverage in "B" Zone in [14,100 sq. R.](30%) Square Feet and %. II. The Project, in the Alternative, Qualifies for Approval as a Special Exception. For the reasons stated above, CMEEC submits that the Project should be allowed as a permissible expansion of a prior, historic, valid, non-conforming structure, building and use under the applicable provisions of the Code. Therefore, subject to site plan approval, the Project is otherwise conforming to the Code. The Project's dimensions are in conformity with all applicable dimensional requirements applicable to the Lot. Should CMEEC not be correct in its position that the non-conforming structure and use provisions of the Code apply to the Project, CMEEC requests that the Town consider, in the alternative, that the construction and operation of the Project falls within the types of activity which can be authorized pursuant to the special use exception established for public utility structures and installations. As noted above, the Project is proposed to be entirely located within the "B" zoning district. In the "B" district, the following uses are permitted by special exception: (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town... subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, Page 3 of 5 appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. Code, Section 280-13B(6) (incorporated by reference for the "B" district by section 280-48(B)(1) (incorporating by reference Section 280-13B(2)-(12)). The Project's intended deployment and use will be for the generation of electricity to be delivered to FIEC, the electric utility providing electric service at retail on Fishers Island, and to assist FIEC in its performing its obligations to provide reliable electric power to the residents of Fishers Island. Accordingly, the structures comprising the Project proposed by CMEEC are "public utility.., structures and other installations", as referenced in the cited sections of the Code and can be approved as a "special exception." A completed special use application as well as the required SEQR Environmental Assessment short form is also hereby provided. Conclusion In conclusion, CMEEC respectfully submits that the Project is a permissible expansion of a valid, prior non- conforming building/structure and use on the Lot. Accordingly, no special exception approval should be required for the Project. But, if this is not your conclusion, CMEEC respectfully requests that you consider its application for a special use exception. Please see Attachments A through ~l~containing other supporting, material submitted in accordance with your · procedures. Please call me or CMEEC project manager Jon C. Warn (860-425-3237) with any requests for additional information or to discuss any questions you might have. CC: Mr. Michael J. Verity, Town of Southold Chief Building Inspector (Less Attachments) Ms. Kristy Winser, Town of Southold Senior Planner (Less Attachments) Page 4 of 5 ATTACHMENTS B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Application for Special Exception Project Description New York State Department of Conservation: Negative Declaration Short Form Environmental Assessment Form ZBA Questionnaire Site Survey Site Photograph showing location of proposed generator installation CMEEC check in amount of $400.00 (Filing Fee) Transactional Disclosure Form LWRP Consistency Form Project Plan Set, Rev 0, dated January 10, 2010 Site Plan: Generator Layout, Sheet L-003 FIEU Annual Electric Generator Report to US DOE, dated 7/27/09 ASI Enclosure Drawing Set Suffolk County Hazmat Storage Tank Application Drawings NYDEC Public Notice of Tentative Determination to approve Facility Air Permit Page 5 of 5 ~aC~ment J Town of South01d 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 Southol. d Waterfront Consistenoy Review Law. This assessment is intended to supplement other information used hy a Town of Southold agency'in making a detca'mination of consistency. *Except rnindr exempt actions including Building P~rmits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answc~in~ the questions in Section C, the preparer of this form should reviewthe exempt minor action list, poli~ies and explanations of each policy contained in the Town of Southold'Local Wat~fiont RevitaliT~tion Program. A. proposed action will be evaluated as to its si~ifi~mt beneficial-amt-advome~e-eoastal-~cflades-atl-o f Soathold-Town). · If any question in Section C on this form is answered.,,yes,,, ~hen the proposed action may affect the achievement of the LWRP pi~licy standards anc~ conditions contained in.the ~onsistency review.laW. Thus, the action should be ,analyzed in more detail and, if necessary, modified prior to malting a det~uination that ~t is consistent to the maximum extent practicable with .th~ LWRP policy standardS and. conditions. If an action cannot be c&~dfied as consist~t with the LWRP policy standards and.conditions, it shall not be undem~..en. A copy of the LWRP is avallabie in the following places: online3 at the Town of Southold's wabsi~:o · (southoldtownmorthforkmet), the Board of Tmstecs Office, the Planning Depmt~iient, all loc4fl libraries and the Town Clerk's office. B. . DESCRItrFION OF SITE AND PROPOSED ACTION S~# 1000 06 08 Lot 7 & The Application has been submitted to (check .appropriate, response): TownBoard ~ PlanningOept [] Build,ngOep~ [] BoardofTrustees ~-] ZBA 1. Category of Town of Southold ag~icy action (cheek appropriate roapo~lso): (a) Action undertaken directly by Town agency (e.g. capital construction, p~anning activity, agency regulation, land lxansaction) Co) Financial assistance (e.g. grant, loan, subsidy) ' (c) Permit, appwval, license, certification: Nam~ and extont ofa~dom Prepare site 'and install 2.5 mW die.sel 9enerator with ancillary equipment. Attachment J On leased portion of Fishers Island Electric Company LocalionofactiOli: land- 1866 Central Ave. ,Fishers Island, NY. (FIEU) Site acreage: .07 Acres Present land use: Electric Utility Yard/Substat&on Pre~ont zoning classification: B If an application for the prOposed action has bean filed with the Town of Southold agency, thc following' ~nformalion shall.bo prOvided: (a) Name of applicant: connecticut Municipal Electric Enerq¥ Cooperative ~)Ma~llgad~e~: 30 stott Avenuet Norwich, CT 06360 · (c) Telephone number: Area Code ( )..8 6 0 - 8 8 9 - 4 0 8 8 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval bY a state 6r federal agency? Yea [] NoF~ Ifyea, whiehstateorfederalagencfNYDEC Air Emissions permit . #1-4738~03923/0001 DEVELOPED (~OAST POLICY Policy 1. Foster .a pattern 0f 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 mloimi~es adverse effects of development. See LWRP Section IH'-.Policies; Page 2 for evaluation criteria. ~lYes [] No O Not Applicable . Provides vital infrastructure - Back up Electric Power Attach additional sheets ffn~cessary 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 Attachment J .. .. ? Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resourc6s throughout the TOWn of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria . ]---] Yes [Z-] NO ~-] Not Applicable Attach additional sh~ts ~f necessary · NATURAL COAST POLICIES Po.licy 4. Miaimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Poflcies Pages 8 thro. ugh 16 for evaluation criteria' Ye. No Not Applieahle Attach addifiooal sheets if eece~sary '. Policy $. Protect and improve water quality and Supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 thr6ugh 21 for. evaluation criteria . N Yes ~-~ No' ~]Not ~pplicable Attach addillonal sheets if neee.ssary Policy 6. · Protect and restore the quality and function of the Town of Southold ecosystems inclading Significant Coastal Fish and Wildlife Habitats and wetlands. ~ee LWRP Section ][ll £ Policies; Pages 22 through 32 for ~valuation criteria. Yes' N No ~--'}. Not Applicable ~%tachment J Attach additional sheets ffnecessary Policy 7. Protect and improve air quality in. the Town of Soathold. See LWRP Section IH - Policies' Pages 32 through 34 for evaluation criteria. See Section IH- Policies Pages; 34 through 38 for evaluation criteria. 3~pp~ication for NYDEC.'Emissions Permit has been submitted -. is uhder review Project # 1-4738-'03923/00001 Attach additional ~heets if necessary Policy 8. MinimiT~ environmental degradation in Town of SoUthold.from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. ['~ Yes ['--] No [] Not Applicable ' Suffolk County Hazardous Material Storage Facility Application has been submitted 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 IH- Policies; Pages 38 through 46 for evaluation criteria. ~ Yes [] No [] Not Applicable Attach additional sheets ff necc~savd' - WORKING COAST~poLICIES' Policy 10. Protect Sottthold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47. through 56 for evaluation criteria. [~]'Y~s [--] No [] Not Applicable Attachment J .-'. Attach adilifion~l sheets if nece~ry PoH~y 11. Promote sust~able use of Hv~g mar~e ~sourc~ ~ Long Island So~ ~e Pec0~c Estua~ and Town water. S~ L~ Section ~ - PoH~es; Pag~ 57 ~rou~ 62 for ev~uaflon cHteda.' ~ Y. ~ No ~ Not Applicable · Attach additional sheets ifnecessar~ Policy 12. Protect agricultural lands in the Town of Southold. Sec LW'RP Section III - Policies; Pages 62 · ·through 65 for evaluation ~riterin. N Yes [~. No [] Not Applicable' Attach additional sheets ffneces~ary Policy 13. Promote appropriate use and development of energy and mineral resources. Sec LV~RP 'Section IH - Policies; Pages 65 through 68 for evaluation criteria. ~-~ Yes N NO [] Not Applicable PAVED DRIVEWA~ x lo.51 APPROX. LOCATION EXlSTNG SEPTIC SYSTEM X 10.72 PARKING PAVEMENT ELEV.-9.5:I: POLE 70O / AREA / 0.9'+ BUILDING ENCROACHMENT INTO STREET LINE 3.0'± BUILDING ENCROACHMENT PAVE D'D'D'D'~ ACCESS / / I A~ONUMgNT P,~COVEP-,ED) N: UMff OF B..EVo- 11 / / / / 1.) "PLAN OF PROPERqY Of THE FISHERS ISLAND: F1SHERS ISLAND - NI~// YORK" SCALE: 1"=20FT. CHANDLER, PALMER & KING NORWICH CONNECTIC 2.) MINOR SUBDMSION PLAN PROPER~Y OF FISHI~ CO.,INC. MADEUNE AVE. & CENTRAL AVE. FISHER~ SCALE- 1' - 40 FT. CHANDLER, PALMER & KIN(~ ADDmONS: 10-13-81 (RESTRICTIONS) 1.) THiS SURVEY WAS PREPARED FOR THE PAR~I~ INDICATED HEREON. ANY EXTENSION OF THE USE I PURPOSED ~REED TO BE~N THE CUENT AND E](CEEDS THE SCOPE OF THE ENGAGEMENT. 2.) IT IS A VIOLATION OF THE STATE EDUCATION [ UNLESS ACTING UNDER THE DIRECnON OF A UCEI TO ALTER AN ITEM IN ANY WAY. 3.) ONLY COPIES OF THIS SURVEY MARKED Wi3~l ' SIGNATURE AND AN ORIGINAL EMI~:)SSED OR INK ~ PRODUCT OF THE I~D SURVEYOR. 4.) COORDINATE DISTANCES ARE MEASURED FROM GEODETIC SURVEY TRIANGULATION STATION "PROS". 5.) SiTE IS IN THE TOWN OF SOUTHOLD, COUNTY 1000, SECTION 06, BLOCK 8, LOT 7 & 3.2. 6.) AREA = 47,441~ SQ. FT. (I.09 ~ ACRES) 7.) SITE IS LOCATED IN B AND R40-ZONE. 8.) ALLOWABLE LOT COVERN~E B ZONE= 20~ EXISTING LOT COVERAGE = 13%' 9.) BASE FOR LEVELS: NAVD 88. 10.) A PORTION OF THE SITE IS LOCATED IN FLOG ELEVATION=Il, AND ZONE "X" AS SHOWN ON FIRI~ RATE MAP, SUFFOLK COUNTY, NEW YORK PANEL 1~ NOTICE COUNTY OF SUFFOLK co.~ Rl~'~rheoc~NY UJO~ 006