The URL can be used to link to this page

Home My WebLink About1000-66.-1-34 OFFICE LOCATION: Town H~ll Annex 54375 State Route 25 (cor. MoJn 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 17, 2013 Re: Proposed Wetland Permit for DAVID M. DALY & OTHERS SCTM#1000-66-1-34 Patricia C. Moore, Esq. on behalf of DAVID M. DALY & OTHERS requests a Wetland Permit for the existing 3'6"x25'4" steps to beach (not damaged in storm); remove damaged 31'6"x10' deck on beach; construct new deck landward of new bulkhead; reconstruct damaged 82' long bulkhead. Located: 625 Town Harbor Terrace, Southold. SCTM# 66-1-34 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of $outhold 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 proposal to: Permit the existing 3'6"x25'4" steps to beach (not damaged in storm); remove damaged 31 '6"x10' deck on beach and reconstruct damaged 82' long bulkhead is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. In 1992 the Board issued a letter of non-jurisdiction not requiring a permit for the bulkhead and stair structures. See below. The $outhold To~n Trustee o~flce has dete~ined that applicat~on £o~' a coas~a~ e~o$~on/wetland ~t no~urt~o~/~c~le~, please CO~r ~fo~ation ~ ~s ~eg~d ~or ~y re~ The relocation of the 310 square foot deck is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, 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 and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feel [Amended 10-11.2005 by L.L. No. 17-2005] The proposal to construct new 310 square foot deck landward of new bulkhead is not a permissible action. 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 Sonthold Ao INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM .... 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 of Southold Town). If any question in Section C on this form is answered "yes' achievement of the LWRP policy standards and Thus, the action should be analyzed in more detail and determination that it is consistent to the maximum standards and conditions. If an action be standards and conditions, it shall not be proposed action may affect the in the consistency review law. modified prior to making a practicable with the LWRP policy as consistent with the LWRP policy A copy of the LWRP is available in the website (southoldtown.northfork.net), local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PR The Application has been submitted to (check appropriate respom Town Board [] Planning Dept. [] Building Dept. [] I. Category of Town of Southold agency action (check a (a) (b) DEC - 3 2012 Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: l' / / Locationofaction: ~,~2~" '~u.../,.) /--/(4.,I/~/ "~'-~/,,-(~_.~.~. Site acreage:. ' 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: //¢ 7/' (c) Telephone number: Area Code ( ) (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? 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 IIl- Policies; Page 2 for evaluation criteria. ~Yes ?:No [] (Not Applicable - please exolain) , / , 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 I)(~ (NOt Applicable- please explain) 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 [] Yes [] No [] (Not Applicable- please explain) Atlach 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 - please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria [] Yes [~ No [~ (Not Applicable - please explain) ! / 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- please e~plain) 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. See Section III -Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [~. (Not Applicable- please explain) Aaach 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 - please explain) 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 Southoid. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ YeS~ No [] (Not Applicable - please explain) Attach additional sheets if necessary 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 56 for evaluation criteria. DYes [] No [] (Not Applicable- please explain) Attach additional sheets ifnecessmy 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- please explain 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- please explain 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 J~ Not Applicable - please explain DFC - 3 20]2 Note: The Site Plan information in this drawing was produced by visual estimation, post-storm photographs, and map showing lots, dated April 4, 1955. -- -- 1000-66-1-34 ~,.~_i~*",2~'A DALY FAMILY PROPERTY :~7~,~l'~.','-':,, TpWN HARBOR TERRACE ".~: ~._~..~!~..',:, Southold NY A- 1 -~,~.~ o ~9 ~ 5 o..~?~ CHORN O ASSOCIATES i] DEC -3 2012 GENE~ N~S ~~R~ ~MBERup ~RF~E ~D~D~CH~s~G~ESs.~LES, REFER ~ ~M