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Home My WebLink About1000-22.-3-18.15 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: Jill Doherty, President Town of Southold Board of Trustees.,,// From: MarkTerry, Principal Planner ~ LWRP Coordinator Date: April 19, 2010 Re: Proposed Wetland Permit for HENRY MA,77ONI SCTM#1000-22-3-18.15 En-Consultants, Inc. on behalf of HENRY M,~77ONI requests a Wetland Permit to clear (as necessary) up to 50' landward of the top of bluff and landward of the coastal erosion hazard boundary line with associated filling and grading occurring no closer than 75' from the defined top of bluff, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of bluff. Located: Stoney Beach Rd., East Marion. SCTM#22-3-18.15 In February of 2008 an INCONSISTENT recommendation was made to the Board for an action that did not meet or further the LWRP policies on the subject parcel. In March of 2010 the applicant submitted a new application. I have reviewed the application and have determined that that the concerns identified in the INCONSISTENT recommendation have been addressed and therefore the new proposed action meets and/or further the policies of the LWRP. I recommend that the Board issue a consistency determination Pursuant to § 268-5. Review of actions, item F. which states: Upon recommendation of LWRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in § 268-1 herein. Pdor to making its determination of consistency, the designated agency shall consider the consistency recommendation of the LWRP Coordinator. The agency shall render a wdtten determination of consistency based on the CAF, the LWRP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. Cc: Lori Hulse, Assistant Town Attorney OP'[1CE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY -" MAiI';i~IG ADDRESS: Pi0. Box 1179 APR - 2 ~]]{~out[[p!_d, NY 11971 TelephOne: q~l 765-1938 ~' , ' ,:1 Fax: 631 ~65-3136 WATERFRONT TOWN OF SOUTHOLD / LOCAL REVITALIZATION PROGRAM COORDINATOR / / .;i -:' / To: James King, President / ! From: Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator FEB 2 7 2008',, / Date: February 27, 2008 Re: Request for Wetland perrmt for HENRY MAZZONI ~X. SCTM# 22-3-18.15 HENRY MAZZONI requests a Wetland Permit to clear (as necessary) up to 25' landward of the top of bluff and landward of the Coastal Erosion Hazard Boundary Line, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of the bluff. Located: Stoney Beach Rd., East Marion. SCTM#22-3- 18.15 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 me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. The proposed action is subject to a 1995 Conservation Easement, dated December 29, 1995, ~ed with the Clerk of Suffolk County in Liber D00011756, Page 282; to the 1995 Conservation Easement, dated December 18, 1996, flied with the Clerk of Suffolk County in Liber D00011808, Page 661; the1997 Conservation Easement, dated December 29, 1997, fried with the Clerk of Suffolk County in Liber D00011869, Page 975; and Amendment of the1997 Conservation Easement was filed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663. The complete language of the Conservation Easements can be found in the Planning Board file. Note that "Clearing cutting and grading within 50 feet of the top edge of the bluff shall be Hmited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting, and grading shall be subject to the prior written consent of the Grantee and review of the ~'lanni~tg Board..." In addition it is recommended that the Board evaluate the location of the residence in relation to the CEHA. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Due to the length of the parcel, it is recommended that the Board require that the applicant relocate the residence to meet the above policy to the greatest extent practicable. Provide sufficient lot depth to allow relocation of structures and maintenance of required setbacks over a period of thirty years In the event that the action is approved, it is recommended that the following BMP to further Policies 5, Protect and improve water quality in the Town of Southold and 6.3, Protect and restore tidal and freshwater wetlands, item D (below) is required D. 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 1. Maintain a 50' non-disturbance buffer landward of the top-of bluff. Limit clearing of lot as per Deed of Conservation easement. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. ToWn of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A II applicants f0r perm its* including T0w n 0f S0uth01d agencies, shati c0m plete this C C A F f0r proposed actions that are subject to the Town 0f S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintendedt0supplemen~0therinf0rmati0nusedbyaT0wn0fS0uth01dagencyin m a k in g n d ete r m in a ti0 n 0 f c 0 n sis t e n c y. *Except minor exempt actions including Building Permits and other ministeria! permits not located within the Coasta! Erosion Hazard Area. 2. 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" 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 and non- supoortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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. DESCRIPTION OF SITE AND PROPOSED ACTION 22 3 . 18.15 PROJECT NAME HENRY MAZZONI The Application has been submitted to (check appropriate response): TownBoard [---I PlanningBoardl~l Building Dept. [~] BoardofTrustees[~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) [--] (c) Permit, approval, license, certification: L~ Nature and extent of action: CLEAR (AS NECESSARY) UP TO 50 FEET LANDWARD OF THE "TOP OF BLUFF AS SHOWN ON F1LED MAP" AND LANDWARD OF THE "COASTAL EROSION HAZARD BOUNDARY LINE AS SHO~ ON FILED MAP" (WITH ASSOCIATED FILLING AND GRADING OCCURRING NO CLOSER THAN 75 FEET FROM THE DEFINED TOP OF BLUFF) FOR THE PURPOSE OF IMPROVING THE VACANT SUBJECT PARCEL WITH A TWO-STORY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "TOP OF BLUFF AS SHOWN ON FILED MAP" AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY YOUNG & YOUNG, LAST DATED FEBRUARY 28, 2008. Location of action: STONEY BEACH ROAD, EAST MARION Site acreage: 2.36 Present land use: UNDEVELOPED- RESIDENTIAL Present zoning classification: R-80 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: HENRY MAZZONI (b) Mailing address: 146-04 25TH STREET FLUSHING, NY 11354 (c) Telephone number: Area Code 347-672-2051 (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 how the project will further support or not support the policies. Provide ali 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 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 E~ Not Applicable 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 6 through 7 for evaluation criteria THE PROJECT IS CONSISTENT WITH POLICY 3 AS ALL STRUCTURES WILL BE LOCATED MORE THAN 100 FEET FROM THE DEFINED TOP OF BLUFF, AND ASSOCIATED CLEARING ACTIVITIES WILL BE LIMITED TO A DISTANCE NO CLOSER THAN 50 FEET FROM THE DEFINED TOP OF BLUFF AND MORE THAN 120 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND. (A 50' NONDISTURBANCE BUFFER WAS COVENANTED IN 2008, AS WAS A PROHIBITION AGAINST ANY FILLING AND GRADING OCCURRING CLOSER THAN 75' FROM THE DEFINED TOP OF BLUFF.) THEREFORE, A VISUAL BUFFER GREATER THAN 120 FEET WIDE WILL BE MAINTAINED BETWEEN THE SURFACE WATERS OF LONG ISLAND SOUND AND THE DEVELOPED PORT1ON OF THE PROPERTY. 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 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 W1 No [--1 Not Ap.licab,e THAN 100 FEET FROM THE DEFINED TOP OF BLUFF, AND ASSOCIATED CLEARING ACTIVITIES WILL BE LIMITED TO A DISTANCE NO CLOSER THAN 50 FEET FROM THE DEFINED TOP OF BLUFF AND MORE THAN 120 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND. ALL COVERAGE BY IMPERVIOUS SURFACES WILL BE LOCATED NO LESS THAN 190 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND, AND TREATED SEPTIC EFFLUENT WILL BE LOCATED MORE THAN 230 FEET FROM LONG ISLAND SOUND. ADDITIONALLY, ROOF RUNOFF WILL BE COLLECTED BY A DRAINAGE SYSTEM OF LEADERS, GUTTERS, AND DRYWELLS. 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 THE PI~OJECT IS CONSISTENT WITH POLICY 6 BECAUSE IT COMPLIES WITH ALL STATUTORY AND REGULATORY REQUIREMENTS OF THE TOWN TRUSTEES AND NYS DEC AND FOR ALL THE REASONS IT IS CONSISTENT WITH POLICIES 3 AND 5 AS OUTLINED ABOVE. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Soothold. 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 III - Policies; Pages 38 through 46 for evaluation criteria. ['--] Yes ~] No[~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES P~licy'10. Protect Southold's water-dependent uses and promote siting of new water-dependent suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria. [--] Yes [--] No [~ Not Applicable uses in 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. Yes--[~ No [~ Not Applicable 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 PREPARED BY TITLEcoASTAL MGMT SPECIALIST DATE 3/16/10 ROBERT E. HERRMANN Amended on 8/1/05 // LON~ $ouN1~ 2 B7 S I/Ii / \ \ / Lof; 5 / / / / / / / / / / . / I .iI \\ / ,,. .A / \ / / / / \ x, \ \ O.~u~ L) E 'r'EST HOLE MAR 1 7 201C CURVE'r'OR'¢ OERTIFIGATION HEN L¥ MAZZONI LOT 5 "OOVE BEAGH ESTA11.-~,, Al. E~l', M~rfon, Town o~ 5ou~hold SuFfolk Coun~, N¢~ York ~X ~p District JO~O Section ~ Block O~ Lot I~.1~ ~ILDIN¢ ~RHIT ~ J f oP I