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Home My WebLink About1000-51.-1-22.2 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: February 7, 2013 Re: Proposed Wetland Permit and Coastal Erosion Permit for ROBERT OXNAM SCTM#1000-51-1-22.2 K. Russell Glover, Architect on behalf of ROBERT OXNAM requests an Administrative Permit to construct a 10'x20' approximate stone slab patio on-grade to replace existing stone patio torn up during Hurricane Sandy, and behind existing bluff retaining wall. Located: 19625 Soundview Avenue, Southold. SCTM# 51-1-22.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Water[rent 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 is INCONSISTENT with LWRP Policies 4.1 and 6.3 (below) and therefore, INCONSISTENT with the LWRP. The action is LOCATED WITHIN THE CEHA and does not meet policies 4.1 and 6.3 below. 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: 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. a. No development is permitted in natural protective' feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The location of the proposed patio is within the Coastal Erosion Hazard Area (CEHA) and will be constructed on the bluff. All development is prohibited on a bluff pursuant § 111-12 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities on a bluff may include open timber piles or other similar open work supports with a top Surface area of less than 200 square feet and removed annually. Therefore, the patio, as proposed, is prohibited on the bluff pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. The patio is not an unregulated activity or a specifically allowed action identified in the section. 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 plafforms. No decks or platforms shall be permitted on or near bluffs... Pursuant to Chapter 275 Wetlands and Shorelines, the proposal to re-construct 200 square foot patio 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 Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for pen'nits* 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 ia imended 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. 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 Waterfi~nt Revital~Tafion Program~ A proposed action will be evaluated as to its,--q.i,mf~c~nt 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" affect the achievement of the LWRP policy standards and conditio review law..Thus~ each answer must be explained in detail list suooortino facts. If an action cannot be certified as consistent with ! conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at website (southoldtown.northfork.net), the Board of Trustees Office local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM~ I000 _ ~ ~ ~ I - 22. ~ PROJECT NAME OXIO I~OA, ~:.~ { ~> ~a%lC~- ~ ~th supporting a ad n ~_ ~e Town of ~s) The Application has been submitted to (cheek appropriate response): TownBoard [] PlanningBoaed[~] Building Dept. ~--] BoardofTrustees Category of Town of Somhold agency action (check appropriatemspons¢): (a) Action undeCmken directly by Town agency (e.g. capital construction, planning activity, agency ~gulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: J~ Nature and extent of action: If am appli(~tion for tl~ propo~d action h~ been ~ with ~a~ Town of ~omhold agency, the following inf(:gmafi~ shall b~ provided: (a) Name of applicent: I~.o g~--'V- (c) Telephone number: Area Code ( ) ~..~) ~.2 (d) Application number, if ~my:. Will the aclion be directly under~ea, require fimdln~ or approval by a ~ate or federal agvacf. Yes [--] No lfy=, which orfed ag cf C. Evaluate the project to the following policies by analy~n~ how the project will further support or not support the policiea. Provide ali proposed Best Management Practiecs that will further each policy. Incomplete answers wili require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. FOSter a pattern of development in the Town of Southold that eMmnces community character, preserves open space, makes efficient use of infrostrucmre, makes beneficial use of a coastal location, and mi~imb.~ adverse effects of development. See LWRP Section m- rom; Page 2 for evaluation criteria. Atladt a~ditior~ shee~s if nec,,~,u,~ Policy 2. Protect and preserve historic and archaeological r~ouross of the Town of Southold. See · LWRP S~ion IH- Policies Pag~ 3 through 6 for evaluation criteria [] Yes ~] No ~NOt Applicable Amw. h .,,idttional sheets ifnecemal'y Policy 3. Enhance vbual quality and protect scenic reaource~ throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evahmtion criteria Yes [] No ~-~ Not Applicable Att~h additional sheets if nec~.aaty NATURAL COAST POLICIF_,S Po]icy 4. [~iuimi~ lOSS of ~e, ~, ~d name! ~u~ ~m ~g ~d e~to~ S~ L~ ~on m - Po~ P~ 8 ~ 16 for ~luaflon ~ ~ Y~ ~ No ~ot App~ble A~h additional d~s if nece~ary Policy 5. Protect and improve water quality and supply in the Town of~Soufltold. See LWRP Section 111 - Policies Pages 16 through ~1 for evahmlion criteria Yes [] No [~ot Applieibte Attach additional sheeta if necessary Policy 6. Protect and restore the qu~ity and function of the Town of SouthoM ecosystems including Significant Coastal Fish and Wildlife Habitab and wetlands. See LWRP Section 11I - Policies; Pages 22 through 32 for evaluafloB criterbz Policy 7. Protect and improve ~ir quality in the Tow~ of Southold. See LWRP Section III -Polieies Pages 32 through 34 for evaluation eriteria. Policy 8. MiuimtT~ cnviFonmental degradation in Town of Southold from solM waste and hazardous ~ubs~mc~ and wastes. See L3FRP Section III- Policim; Pa~'s :34 Ihroush 38 for evaluation criteriL [] Ye~ ~ N° [~Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and FecFeaiional use of, coastal watts, public lands, and public reaourees of ~he Town of Southold. See LWRP Section IH - Polieks; Pages 38 through 46 for evaluation eriteria. [] Yc~ No~/NotAppli~ble WORKING COAST POLICIES Policy 10. Protect Southold*~ water-dependent us~J and promote siting of new wateF-dependent uses in suitable ioeafloas. See LWRP Section ITl- Polleies; Pa~es 47 through S6 for evaluation criteri~ Yes N No [~Not Applienble A~u:h ~li~mai she~ ifnecesm~y Poliey 11. Promote sustainable use of ~ marine resourcea in Lon~ Island Sound, the Peconic Estury and Town waters, See LWRP Section 11I - Policies; PaEes ~7 throush 62 for evaluation criteria. Yes ~ No ~Not Applicable Amah ~al ~ ifn~c~ssa~ Poliey 12. Protect agrimltnrai lands-in the Town of Southold. See LWRP Set,on III - Polieies; Pages 62 through 6~ for evaluation ertteria. [-'] Yes [] No [~Not Applieable Attach _~¢~aoml shem if ~ Policy 13. Promote appropriate use and development of energy and mineral resources. See LV~RP Section ITl - Polieies; Pages 6S through 68 for evaluation criteria. ~ Ym ['--] No ~Not Applicable N SURVEY OF PROPERTY AT SOUTHOLD TO,tN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-51-01-22.2 Lo, rs .~ I = ~ONU~ENT ~- ~36~6 EO. ~*~-- ' IflON TO ~lS SURLY IS A WOLAn~ '~EC~IC ~R& ~.C. . ANY AL~RAn~ ~ ADD ................ ~ LA~ ~6~1) 785--5020 FAX (631) 765-1797 HEREOfl ARE VALID F~ MAP OR C~IES BEAR ~E IMPR~b~C, ,ha o~ t~t n m Y ~1~71 ~--O~ t ~SE SIGNA ~RE A~EARS HERE~. o~ , , ,~, , ....... JAN 2 4 2013 --' Southold Town Board of Trustegl