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Home My WebLink About1000-31.-18-8 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) $outhold, 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: March 12, 2013 Re: Proposed Wetland Permit and Coastal Erosion Permit for BRENDA COLLINS SCTM#1000-31-18-8 Mark K. Schwartz, Architect on behalf of BRENDA COLLINS requests a Wetland Permit and a Coastal Erosion Permit to repair storm related portions of house structure; rebuild front porch; replace missing break-a-way walls around perimeter; relocate fuel tank; replace mechanicals as required. Located: 350 Rabbit Lane, East Marion. SCTM# 31-18-8 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 to repair storm related portions of house structure; rebuild front porch; replace missing break- a-way walls around perimeter; relocate fuel tank; replace mechanicals as required are CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. The proposal to replace the deck at grade; deck landing (ex porch) with stair; (SEAWARD OF THE CEHA) is INCONSISTENT with LWRP Policies 4.1 (below) and therefore, INCONSISTENT with the LWRP. 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 deck is within the Coastal Erosion Hazard Area (CEHA) and will be constructed on the beach. All development is prohibited on a beach pursuant § 111-12 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111- 6, allowable activities on a beach may include open timber piles or other similar open work supports with a top surface area of less than 200 square feet. Therefore, the decks, as proposed, are prohibited on the beach pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. 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: Lod 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 ~ This assessment is intended to supplement other information used by a Town of agency in making a determination of consistency. *Except minor exempt actions Permits and other ministerial permits not located within the Before answering the questions in Section C, the preparer of this minor action list, policies and explanations of each policy Water~ont Revitalization Program. A proposed action will beneficial and adverse effects upon the coastal area should review the exempt the Town of Southold Local evaluated as to its significant town). If any question in Section C on this form is answered then the proposed action may affect the achievement of the LWRP policy standards and contained in the consistency review law. Thus, the action should be analyzed in more detail if necessary, modified prior to making a determination that it is consistent to the extent practicable with the LWRP policy standards and conditions. If an action cannot certified as consistent with the LWRP policy standards and conditions, it shall not A copy of the available in the website ~ the local B. DESCRIPTION 31 18 SCTM# 08 The Application has been submitted TownBoard [-~ Planning Dept. ['-] places: online at the Town of Southold's the Planning Department, all FEB 2 6 2013 $0~th01d Town BufldingDept. N Board of Trustees ~--.~0fTruste,$ I. 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) (c) MAR - 7 2013 Southold Town Nature and extent of action: Planning Board Repair storm related portions of house structure; deck at grade, deck landing w/stair, Financial assistance (e.g. grant, loan, subsid Permit, approval, license, certification: rebuild front pomh, replace missing break-a-way walls around perimeter, relocate fuel tank, replace mechanicals as required. Location of action: 350 East Marion, East Madon, NY Site acreage: 0.086 acres Present land use: single family residential Present zoning classification: R40 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: Brenda Collins (b) Mailing address: 74 E. Woodside Ave., Patchogue, NY 11772 (c) Telephone number: Area Code ( ) (631) 806-1422 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [7] No[--] If yes, which state or federal agency? DEC 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 criteria. ['-]Yes ~ NO [~] (Not Applicable- please explain) This project entails reconstruction damaged and missing structures to the existing single family home in a heavily develop, neighborhood. Policy I is not applicable to the project. 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 N Yes ~ No ~] (Not Applicable- please explain) The subject property does not contain nor does the project affect histodc or archeological resources; nor is the project located in a histodc madtime area. Policy 2 is not applicable to the project. 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) To the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at the site through the protection and maintenace of the well vegetated area buffedng the developed portion of the site from the tidal wetlands of Gardiners Bay Atlach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~-] Yes N No ~] (Not Applicable - please explain) The project does not address nor affect erosion control structures or other erosion/flooding control initiatives. Policy 4 is not applicable to the project. Attach additional sheets if necessary Policy 5. Protect 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 - please explain) The proposed project is consistent with Policy 5 via staked haybales Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [~ Yes [~ NoN (Not Applicable - please explain) This project will be consistent with Policy 6 for the same reasons described for Policy 5; because there will be no loss of wetlands and because the statutory and regulatory requirements of both the Southold Town Trustees and the New York State Depadment of Conservation will be complied with. 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 N No ~] (Not Applicable - please explain) The project will neither affect nor have an impact on air quality in the Town of Southold, Policy 7 is not applicable to the project, Attach additional sheets if necessary Policy 8. Mitfimlze environmental degradation in Town of Southoid 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) The project will neither create nor rrequire the handling of solid waste or hazardous substances. Policy 8 is not applicable to the project. 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 46 for evaluation criteria. f--] Ve~ No[~ (Not Applicable- please explain) The project is limited to the upland portion of the property, public access and recreational use of the adjacent coastal watem and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. 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. ~Yes ~ No~'-~ (Not Applicable - please explain) The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to the project. 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 III - Policies; Pages 57 through 62 for evaluation criteria. ~'~ Yes ~'~ No [] Not Applicable - please explain The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living madne resources of Long Island Sound, Policy 11 is not applicable to the project. 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. NYes ~ No~ Not Applicable - please explain The project site is neither situated on nor adjacent to agricultural lands. Policy 12 is not applicable to the project. 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 - please explain The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the project. CERTIFIED FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK ASTORIA FEDERAL SAVINGS & LOAN BRENDA M. COLLINS SURVEY OF PROPERTY $ITU,4 TE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-31-18-08 SCALE 1 "=20' DECEMBER 3, 1998 JANUARY 14, 20t;] UPDATE SURVEY AREA = 5,754 sq. ft. (TO ~£ UN£) 0.086 ac. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 56105C0166H ZONE AR: BASE FLOOD ELEVATIONS D~.Ib. RMINED ZONE VE: COASTAL FLOOD WITH VELOClTf HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS D~.~RMINED THE EXIS'I~"NCE OF Rh~,HT OF WAYS AND/OR F..ASF~ENT$ OF I~CO~O, IF ANY, NOT SHOWN ARE HOT GUARANTEED. Nathan Taft Corwin III Land Surveyor Successor To: Stenley d. Isoksen, Jr. LS. Jo~ph A. Ingegno LS. '~tle Survey~ -- Subdivisions -- Site Plons -- ~ Loyout PHONE (6~1)727-2090 Fax (651)727-1727 OFFICE5 LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 darnespert, New York 11947 dames~ort. Nee York 11947 EXISTING FOUNDATION PLAN SCALE: 1/8" -- 1' EX. MUDROOM EXISTING IST. FLOOR PLAN REVISIONS: I