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HomeMy WebLinkAbout1000-116.-7-4 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 Southoid Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 22, 2013. Re: Proposed Wetland Permit for JAMES ORIOLI & SUSAN MAGG SCTM#1000-116-7-4 JAMES ORIOLI & SUSAN MAGG request an Amendment to Wetland Permit #6352 to include the as-built 20'X 40' in-ground swimming pool and drywell for pool backwash; 10'X 10' open pergola; 4'X 16' walkway; plant four (4) 6" wide oak trees; and re-vegetate non-disturbance buffer as required. Located: 495 Halls Creek Dr., Mattituck. SCTM#116-7-4 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: 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 other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The 20'X 40' in-ground swimming pool; 10'X 10' open pergola; and 4'X 16' walkway were constructed without a permit pursuant to Chapter 275 Wetlands and Shorelines of the Southold Town Code. 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 Attomey Town of Sduthold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall compl~ this CCAF for proposed actions that are subject to the Town of Southold Watet~ont 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 si~iflcant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3~ 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 suooorting and non supoortin~ facts. 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. OESCRIPTION OF SITE AND PROPOSED ACTION '4, I PROJECT NAME ~'~.-~ - ~°oo~ f~.,,:-~-~'- The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board ~ 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 transactio8) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: 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: (b) Mailing address: (c) Telephone number: Area Code ~) &'9'2 - ,/~'~ ~ (d) Application number, if any: ~'~-. ? 7~, ~, ~' ~ Will the action b~tirectly 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 all 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 esa' NO D [~/]Not Applicable Attach additional sheets if necessary Policy 2. Protect and p[eserve historic and archaeological resources the Town of Southold. See LWRP Section III - Pofl~ies Pages 3 through 6 for evaluation criteria of [--] Yes [] No~ll Not Apphcable" Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Pol~ies Pages 6 through 7 for evaluation criteria ~ Yes [-'] Nor--x/~ Not Applicable 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/Ill - Policies Pages 8 through 16 for evaluation criteria ~ ~ Yes] [ No~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and im~prove water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [--J Yes ] I No I I Not Applicable At~ach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish,nd. Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through[] 32 ~ eval~ criteria. Yes ' No Not Applicable 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 Attach additional sheets if necessary Po. Ii? 8. Min. imize ~nvironmental degradation in Town of Southold from solid waste and hazardous suostances and waste. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [] No[U-/~ 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 criteria. / III - Policies; Pages 38 through 46 for evaluation [ No IX./Not Applicable' Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~-~ Yes [] No ~-~Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Tow~/a~ers. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No LV~ 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~luation criteria. ~ Yes ~--] Nol~Not Applicable Attach additional sheets if necessary Policy 13. Promote ~a~propriate use and develoPm, ent of energy and mineral resources. See LWRP Section III - Policies; ~Wages 65 through 68 for evaluation criteria. ~ Yes ~] No ~ Not Applicable PREPARED BY. ~,~f~.M .~ TITLE LP~./~'~OZ_ DATE Board Of Southold 'Town Trustees DATE:. AprJ. 1 19,2006 __ Pur*uent to the pm~is:~, of ..... ame~ O~oZ~ and Su*- ,- ' .................. p a y ' ~ttltuek . · .. --, --,- uuem .es et ~ de~e. ANY' ALIERA?ION OR ADDII?ON TO THIS SURVEy. IS ,4 V~OLATION OF' SECTION-7~09' OF'~'~ YORK STA TE-EDUCA I?ON LA W. EXCEPT AS PER SEC?ION ?209-SUBDIt4SION 2. ALL CER?IFICA?IONS HEREON ARE VAUD FOR ?7'tis MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SUR~YOR WHOSE SIGIVA [LIRE APPEARS HEREON. JAN 3 0 2012 P/O LOT 50. ......... ' ....... SURVEY OF PROPERTY A T MA TTITUCK TOP[N OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-118-07-4.1 SCALE: 1'-- 40 DECEMBER 27, 2011 P/O LOT 50 © FOUNTAIN 2 t/z STY. HOUSE RE1' WALL S87~7'50'E LOT 29 231.30' EXIST POOl / LOT 28 LOT NO.s REFER TO MAP OF "HARBOR VIEW AT MATTITUCK" FILED IN THE SUFFOLK COUNTY CLERKS OFFICE AUG. 21, 1987 AS FILE NO, 8577 DOCK 5"W 23,8' {631) 765=5020 FAX ~631) 765-1797 P.O. BOX 9O9 so r,o , 5-I 1 49618