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Home My WebLink About1000-115.-3-2.1 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: Jim King, President Town of Southold Board of Trustees~ From: Mark Terry, Principal Planner LWRP Coordinator Date: January 15, 20(~1 Re: Proposed Wetland Permit for lAN McKAY SCTM#1000-115-3-2.1 Suffolk Environmental Consulting, Inc. on behalf of lAN McKAY requests a Wetland Permit for the existing 4'X 13.5' timber catwalk, 3'X 2.7' steps, and a 208 sq.ff, brick patio. Located: 560 Sunset Ave., Mattituck. SCTM#115-3-2.1 The proposed action is located within a Peconic Estuary Critical Natural Resource Area. 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 LWRP and listed policy standards provided below. The materials in which the dock was constructed has not been identified. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The proposed action is located within a New York State Critical Environmental Area. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stdn,qent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shorteninq or reducinq the size of structures, and ~ncreasin.q the width of non-disturbance buffers [8] Whether the dock will unduly restrict tidal flow or water circulation; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. I.imit grants, leases, easements, permits or lesser interest in/ands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. 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 .4rea. 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 extant 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. SCTM# 115 - 03 - 002.001 The Apphcatioa has been submitted to (check appropriate response). Q~- fl~/ ~,/x.) C~ TownBoard [] Planning Dept. [] 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: Nature and extent of action: Applicant is proposing to ego 'ze,t, he-ex'st'ng 4" x 13.5' catwalk, a 3' x 2.7' set of steps, and a 208 square foot stone patio. Location of action: Site acreage: 560 Sunset Avenue, Mattituck; Town of Southold, NY 1.0548 acres Present land use: One story single family dwelling. 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: Ian MeKa¥ (b) Mailing address: 522 East 20~ Street- Apt. 12G~ New York~ NY 10021 (c) Telephone number: Area Code ( 646 ) 645-2157 (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? 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 infrastructurc, makes beneficial use of a coastal location, and minimizes adverse effects of development. Sec LNVRP Section Ill - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applieable The orooosed legalization of the existin.q 4 x 13.3' catwalk, 4' x 2.7' steps and 208 square foot brick patio is consistent with and enhances the community character and makes beneficial use of the pond-front prooedv. The diminutive size of the structure and pervious nature of the bdck in sand patio also minimizes any adverse effects of development. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subiect lot and the surroundinq neiqhborhood cannot be deemed substantial historic and/or archaeolo.qical resources. Attach additional sheets if necessmy Poli~y 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 Subject proposal will not adversely impact the visual quality of the surroundin.q area in that the structures are minimally sized and are sufficiently screened by the existin.q ve.qetation. Additionally, visual character of the dock is pleasingl and consistent with the character of the Town of Southold. 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 Applieable This I)olicv is not apptk:able to the le.qalization of the proposed structures. Attach additional sheets if necessary Policy 5. Proteet 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 This Dolicv is not applicable to the leglalization of the proposed structures. 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 Drooosal will comply with Policy 6 in that the minimal size of the structures and innocuous buildJnq materials will not have an adverse impact on the environment. Additionally, the structures have been in existence for a si.qnificant period of time and have not been shown to have an averse impact on the local ecosystem, wildlife habitat or wetlands. 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 structures do not result in any form of adverse effects to air quality. 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 Subiect 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 Subiect proposal is not applicable in that the proposal is not situated within a propedy containin.q, or having the potential to contain, public access to coastal waters, public lands and Jar public resources within the Town of Soufhold. 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 I11 - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applieable Subiect DroDosal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aauaculture, 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 m - 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 manaqement li.e. commercial fisheries, recreational fisheries, aauaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject orooosal is not applicable in that the proposal does not involve aqricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal aqricultural 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 orooosal is not aoolicable in that the proposal does not involve the conservation of enerqy resources on a commercial level and Jot the promotion of alternative ener.qy sources, proper maintenance of fuel storaae facilities and Jot the extraction of mineral extraction Attach additional sheets if necessary Prepared by Shawn Barron, Suffolk Environmental Consulting, Inc, 11/30/09. N SURVEY OF PROPERTY A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-115-03-2.1 SCALE: 1'=30' NOVEMBER I0, 2009 MAIN ROAD ( SR. R§) TOWN OF SOUTHOLD S88'37'40~E N/O/F KIMIKO HAHN & HAROLD SCHECHTER F~RE FENCE 'cE 199.5,.'7' pOLE N/O/F ALAN HORNE' ~ CYNTHIA WADELTON · =MONUMENT $ =WETLAND FLAG AREA=45,949 SQ. FT. TO TIE LINE 4961 (631) 765-5 765-1797 P.O, BOX 909