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HomeMy WebLinkAbout1000-122.-4-5 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 20, 2010 Re: Proposed Permit to Wetland Permit for JAMES & JANIS HARRINGTON SCTM#1000-122-4-5 Patricia C. Moore, Esq. on behalf of JAMES & JANIS HARRINGTON requests a Wetland Permit for the existing deck redesigned and reconstructed, outdoor shower enclosure and hot tub. Located: 1780 Ole Jule Lane, Mattituck. SCTM#122-4-5 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 me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent end other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The deck was built without a Trustee permit and is in violation of § 275-16. Compliance requirements; penalties for offenses, item C. which states: "C. No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or their agents if they are named as defendants in an outstanding or unresolved wetland violation." Pursuant to Chapter 275, 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 INSTRUCTIONS APR - 2 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# 1000-122-4-5 (James Harrington) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X Zoning Board of Appeals 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: [] Type: Trustees Permit Town of Southold LWRP Consistency Assessment Form Nature and extent of action: as built deck with hot tub Location of action: ---- ~.~ ~/f~. ~.fix- ~4' Site acreage: 16,108 sq.ft. J,,3 ~ ..)o ,~ Present landuse: residential . ~'~ Present zoning classification: R___-40~ 'k-k'x~)~'~' 2. If an application for the proposed action has been filed with the TownXof Southold agency, the following information shall be provided: (a) Name of applicant:James Harrington (b) Mailing address: 1780 Ole Jule Lane, Mattituck (c) Telephone number: { ~ c/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ 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 o fa coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The existing deck and hot tub is a permitted use Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 111 - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable × Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. The existing building is not historic. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Town of Southold LWKP Consistency Assessment Form 2 Yes X No [] Not Applicable [] Discussion (ifappropriate):This is an existing house constructed in 1969 with an existing, deck, the deck was expanded and hot tub added in 2000 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): deck will not affect flooding or erosion Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section 111 - Policies Pages 16 through 21for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): existing deck & hot tub will not impact water quality_ 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 L WRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The proper0~ was developed with a year round dwelling and deck, the deck addition in 2000 does not impact wildlife habitat Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section 111 - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (ifappropriate):No impact is anticipated to air quality 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 38for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The deck will not impact solid waste PUBLIC COAST POLICIES Town of Soulhold LWRP Consistency Assessment Form 3 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 11I- Policies; Pages 38 through 46for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriate):The parcel is private, however, access along the canal remains open to the public 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 III - Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Residential Homes along the water are the primary use in the Town of Southold. Southold has limited commercial development and the taxes that new single family homes pay is disproportionate to the services they demand. 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 62for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The existing deck will result in degredation of the environment. Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section 111 - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] Discussion (itappropriate):Residential development is a recognized permitted and encouraged use in the Town of Southold. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 N MAR 2010 SURVEY OF PROPERTY ,4 T I~A TTITUCK TO'tN OF SOUTHOLD SUFFOLK COUNTY., N.'Y. I O00-1R~-04 SCALE: 1'--$0' ~u~eY ~z, ~olo N/O/F CLAUDE DAVIS & WIFE REBAR SET 181. ANY ALIENATION OR ADDITION TO 17',115 .~URVEY I$ A VIOLATION ,c~ AREA'16,1~ SO. FT. ~x~rAS PER ~CTION 720g-SUBDIVISION 2. ALL CERTIRCATIONS (O'J7] ,~y~._ ~O,~r~,~X~/,__..~7) 765-1797 ?~ ~P /lllP" '~-REO~ ARE VAUD F~ THIS MAP AND COPIES )7~EREOF ONLY IF P.O. IV IIr' I I~ SAIO MAP OR COPIES BEAR THE IMPRES5ED SEAL OF THE SUR~EYOR 1230 TRAV~_JE~>I~I . , IVtlOSE SI~N, ATURE APPEARS HERE(~I. SOUTHOLDi-~V~'