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Home My WebLink About1000-116.-7-3.2 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southaid, 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 15, 2013 Re; Proposed Wetland Permit for DIANE MACARI SCTM#1000-116-7-3.2 Patricia C. Moore, Esq. on behalf of DIANE MACARI requests a Wetland Permit for a proposed 30'x15' pool with decks and patios; retaining walls for all structures, 75'+ from edge of wetlands for structures. Located: 465 Halls Creek Drive, Mattituck. SCTM# 116-7-3.2 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 CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that that the Board considers the following additional best management practice: To further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem. 1 If the action is approved, it is recommended that the existin,q trees east of the 10 contour rne be incorporated and preserved as a perpetual non-disturbance buffer. '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 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 ama (which includes all of Southold Town). lfany 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 necessa~, 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# 1000-116-7-3.2 ( Diane Macari) 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 1 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 Copy from form created on 2/11/06 1 Nature and extent of action: proposed 30 x 15' in ground pool, patio around pool with retaining walls 80.7 feet to wetlands, 5' off-set for construction of retaining walls with land disturbance. Location of action: Halls Creek Drive, Mattituck Site acreage: 34,754 buildable Present land use: residential Present zoning classification: R-40 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:Diane Macari (b) Mailing address: Halls Creek Lane, Mattituck (c) Telephone number: 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 SouthoM 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 L WRP Section III - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The proposed pool makes beneficial use of the waterfront residence. Maintaining a significant setback to edge of wetlands (80.7 feet) Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section Ill- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X 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. Town of Southold LWRP Consistency Assessment Form Copy from form created on 2/11/06 2 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 Yes X No [] Not Applicable [] Discussion (ifappropriate):the residential use of the property will not change. The proposed pool and patios will conform with the Town's drainage code. NATURAL COAST POLICIES Policy 4. Minimize loss' of life, structures, and natural resources from flooding and erosion. See L WRP Section II1 - Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The property is on Halls Creek, the accessory structures do not impact property with respect to flooding or erosion Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section II1 - Policies Pages 16 through 21for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): The pool and patios do not impact water quality or supply. 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 32for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): The site is adjacent to wetlands with a set back of 80 feet. Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section lll- 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 L WRP Section III-Policies; Pages 34 through 38for evaluation criteria. Yes No [] Not Applicable x Town of Southold LWRP Consistency Assessment Form Copy from form created on 2/11/06 3 Discussion (if appropriate): The proposed structures will not impact solid waste or hazardous substances. 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 III - Policies; Pages 38 through 46for evaluation criteria. Yes X No [] Not Applicable X Discussion (ifappropriate):The parcel is private 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 1II- Policies; Pages 47 through 56for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): improved private residence with proposed accessory structures 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 setback will prevent degredation of the environment. Policy 12. Protect agricultural lands' in the Town of Southold. See LWRP 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 (if appropriate):Residential development is a recognized permitted and encouraged use in the Town of Southold; Town of Southold LWRP Consistency Assessment Form Copy from form created on 2/11/06 4 · k.~''~ ,., ,~, ...~75 -~-,------- ~ ~i L: U~. $ o ~ ~ ~NDWA~D LIMITOF ~ / ~}~ ~" m~ ~n ~ MEE~ AND BOUNDS BY: YOUN~ ~YOUNG ~ND SURVEYORS , DATED: AUGUST 31, 1999 ,,. SITE P~N ~ ~ SCALE 1:20-0 % ~ , --" DRIVE ~ D~WN BY: ]FISH H A L L S C R E E K , December09, 201; ~ S~LE: (SEE P~N) SURVF¥ OF PA T OF LOT 50 MAP OF HARBOt~ Vii=k,/ AT SITUATE: MATTITUC~ TOINN OF SOUTHOLIP SUFFOLK COUNT~, NY "NAP OF HAP. BOR VI[E~ AT HATTITUCK." FILED AU®. 21, IqS~ AS HAP ~ 8~ SURVEYED. APRIL 22, 2010 TIE ~EVISEO: APRIL 2% 2DID PEOPOSED AOTIONS OEO. 12, 2OI2 SUFFOLK OOUNTY TAX ~ Iooo - 116 - 7 - 5.2 MATTITUOK F ~/0 Lo~ 30 L~ 29 ?/0 L~ 30 Lot 29 331.20' 7-~7.55' NOTES~ · MONUMENT FOUND k. EHLERS LAiqD SURVEYOR EAST ~IN ST~ET N Y.S, LIC, NO, 50202 ~'E~EAD. N.Y. ] 1901 369-g28g Fax 369-8287