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HomeMy WebLinkAboutCutchogue New Suffolk Park DistrictOFFICE LOCATION: Town Hail Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Jim King, President Town of Southold Board of Trustees Scott Hilary and Mark Terry, LWRP Coordinators September 11, 2008 C Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for CUTCHOGUE-NEW SUFFOLK PARK DISTRICT SCTM#110-7-13 Christopher Stress, R.A. on behalf of CUTCHOGUE-NEW SUFFOLK PARK DISTRICT requests a Wetland Permit to construct a 10'X 16' pavilion 6' from the top of the bluff: Located: S/w corner of West Rd. & Pequash Ave., Cutchogue. SCTM#110-7-13 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 our recommendation that the proposed action is INCONSISTENT with LWRP 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 SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other land~ under their jurisdiction I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed pavilion is not permitted on or near the bluff pursuant to § 275-11. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable~ § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: 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 feet Figure # 1 Approximate location of the proposed pavilion. If the Agency~ Board of Trustees makes a contrary determination of consistency, the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. AU~-~O-~ ~:47 FROM:CHRISOER STRESS A 631-722-7~5 P.2 of Trustees Application Land Area (in square feet): Area Zoning: Previous use of property: Int~hded use of property: GENERAL DATA Prior permits/approvals for site improvements: Agency Date ~ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspq~ded by a govemmental agency? _.~ No Yes If yes, provide explanation: Project Description (use attachments if necessary):_ of Trustees Applica~ COASTAL EROSION APPLICATION DATA Purposes of proposed activity:. Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? //x~ No Yes If Yes, how much material will be excavated?~(cubic yards) How much material will be filled? ~///:~ (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) of Trustees App VqETLAND/TRUSTEE L3aNDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: ~gJ~-49ff'~ 0 ~'.~ square feet Percent coverage of lot: ~ % Closest distance between nearest existing structure and upland of wetlands: t,~ 0 feet edge Closest distance between nearest proposed structure and upland edge of wetlands: ~0~ feet Does the project involve excavation or filling? ~ No Yes If yes, how much material will be excavat cubic yards How much material will be filled? ,~(/,~-- 0 ~' cubic yards Depth of which material will be removedl or deposited: t¥/~ - 0 '"feet Propos~ slope throughout the ~ea of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): 617.20 PROJECT ID NUMSER APPEN~X C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNUSTED ACTIONE Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Pro~ect Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 3.PROJECT LOCATION: Mu...,,, Ico-. 4. PRECISE LOCATION: Sb'eet Addess ami Road Intersecllons. Prominent landme~tm etc -or i~ovlde mad SEQR 5.1S PROPOSED ACTION: ~New D~J~ppn~lo. E~Modlflce~onlalMml~on 8, DESCRIBE PROJECT BRIEFLY: UIIJmately a~:res WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~Yes [] No If no, desct~oel~i~fly; 9. WHAT IS PAF-~_~T LAND US~ IN VICINITY OF PROJECT? ~.Ch~ose a~ many as apply.) r--IR..,--.., --]Other (desc~be) ~O~S~dCI-e~NIs~IiJr~O~LV~o~iA)PERMIT APPROVAL, ~ FUNDI~, ~ OR ULTI~LY FROM A~ O~ER ~R~E~AL I~Yes ~ ff~s, I~t a~n~ ~ and ~1 ap~val: ] 11~ES ~S~CT OF ~E ACTION ~VE A CU~E~LY VALID PERMIT ~ ~P~V~? 1 . AS A R ULT ~l/~_~ EXISTING ~e~ ~N~ OF PROPOSED ACTIO WILL PERMIT/ APPROVAL REQUIRE MODIFICATION? If the action Is a Costal Area, and you Ere S stale agency, complete the Coastal Assessme. t Form before proceeding with this assessment PART II. IMPACT ASSESSMENT (To be co~lMed by Lud Affenc¥) B. W~LLA~T~NRE~E/VEC~RD~NATEDREV~L=WAsPR~V~DEDF~RUNL~STEDACTI~S~N6NYCRR~PART61?.6? IfNo,~neg~itve dec~miton ~ ~ ~upers~ded by ~notbor Involved ~gem:y. C. COULD ACTION RESULT IN ~ N)VERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may bo handwrlt~n, I~ Ioglble) C~. Exl~Jng air ClUOl~y. su~ace or gmundwu~M qunBly or quardJty, nobe leve~, exlsitng ~ pettom, solid woste production oi' dislx)sal, IMMr~d ;or emek3n..clmJmlge or fk]odlng pn3eMmo? Ex.tn bnMy: C3. V~..~G~N, O~ flmn~, fish..;.~;'~.h (x m~T;t, ipicJel, W ImblMt~. or IJ~toned Or ond.ng~J spocies? Ex~'~,in briefly: _ ................ C4. A c=mr'mJJt~y · ~,;.~r~ plenls of g~Ms ii u~,;~.~ Idoflted, (x · chlnge in ull M Infinity M uso of land or olher nOluro] re~our~es? F-x~ln briefly: WILL TH~ PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRFT1CAL E -- "---'. UKELY TO BEI -~.'~"+41 ['t~J~I'cRSY RELATED TO POTENTIAL ADVERSE ENVIRD,'%'M,~.~.'TAL IMPACTS? PART III - bc i ...~,,,-,;~A, TION OF 81ONIFICANCle (To be complMecl by Aoency) INSTRUCTIONS: Fore~ac~a~d~emee~ectid~f~6~~d~b~~e~detorm~newh~ther#~~st~ha~~nt~a~~~~r~~~~mport~nt~r~~henv~~e~~gn~~caM. Each effecl shotJlcl be aeseasad In conrtec~3n with its (a) setitn0 (i.e. urban or rural); (b) probability of occunlng; (c) duraUon; (d) kTeve;ibiity: (e) geographic ecoge; and (f} magnitude. If necesear/, add att~ctunenta or re~Mence ~Jpporting materlala. Eneure that explanofione contain sufficient deWll to sbew that all relevant adverse Imflaofa bore been identified end adequately addreuad. If geesgon d of part il was cbeckad yes, the deh~mt~atlon of $1gnlflcan(~e must evaduate the poM~tJM impact of the pn:~x)e~d aofion on the envkonment91 chamofadsitc~ of the CEA. Check this box if you bove ~,,,,~,-~d one or mom p~I~y la~ge or slg~HIc~rfl adve~e Impact~ which MAY occur. The~ proceed (f~edly to the FULL Name of Lead Agency Date Title of Responsible of Trustees County of Suffolk State of New York ,_/}~,57o.~4~'~--_~ ~, ~7~'~ ~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTH~"'I"~xTRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO EN~R ONT~ M~ P~TO INSPECT THE PREMISES 1N CONJUNCTION ~ITH RE¥1E'~/JOF ~l~, ~AI~I~C~T..ION~ Signature SWORN TO BEFORE ME THIS BARBARA A. MCCAFFERY NOTARY PUBLIC STATE OF NEW YORK NO. 4851232 SUFFOLK COUNTY TERM EXPIRES JULY 14__~ o£ Tz'us ~s AUTHORIZATION (where the applicant is not the owner) l, ~t/,~' ~-{_/_~/~ residing at ~ (print owner of ~ro~erty)_ (mailing address) do hereby authorize (Agent) /~'~to apply for permit(s) from the Southold Board of Town Trustees on my behalfi (Owner's ~ign~tu'~e~' APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Sunthold's Code of Ethics orohlbits conflicts of interest on the oast of town officers mad emolovee~. TI~ pm~po~e of this form is to orovide information which can alest the town of oossible conflicts of inten:st and allow it to take whatever action is necessary to avoid same. YOUR NAME: ~.~/~ J.--% f '-~[E~/fT~ ,~ ~-~/'~& ..~ (Last name, first name, middle initial, unless you ate applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee .~ Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, pasmt, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business inteo~'sL "Business intme.~' means a business, !ncludiug a par~emhip, in which the town officer or employee has even a partial ownership of (or employment by) a corpera~ m which the town officer or employee owns more th~5~ of the shams. If you answered "YES", complete the balance of this form and date ~d sign where indicated. Name of person employed by the Town of Southold TiUc or position of that person Describe the relationship between yourself(thc applicant/agnnt/represcntative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or hcr spouse, sibling, parent, or child is (check all that apply): __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when thc applicant is not a corporation); C) an officer, director, parmer, or employee &the applicant; or __D) the actual applicant. Form TS I DESCRIPTION OF RELATIONSHIP 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 area (which includes all of Southold Town). 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 supporting and non- suooortine 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. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~~~ PROJECT NAME The Application has been submitted to (check appropriate response): TownBoard [] Planning Board ~-] Building Dept. ~-~ Board ofTrusteesJ~ Category of Town of S outhold 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: 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, (b) Mailing adaress:~~"__~ (c) Telephone nmnber: Area Code ( ) ~:~'~l' 7~'Z' 7~~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? ~o~ 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 criteria. ~] Yes [~ No'Not Applicable 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 ~] NoJ~ot Applicable 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 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 III - Policies Pages 8 through 16 for evaluation criteria Yes ~ N~Not Applicable 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 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 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 AiXach 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 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. ~ Yes~ No[~ Not Applicable Attach additional sheets if necessary WORKING COAST Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent ~ses 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 Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes ~-] No~ 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 forxevaluation criteria. [] Yes [--] No~j~-31~j~ Not Applicable 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 Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., September 10, 2008, the following recommendation was made: Moved by Don Wilder, seconded by Jim Eckert, it was RESOLVED to NOT SUPPORT the Wetland Permit application of CUTCHOGUE-NEW SUFFOLK PARK DISTRICT to construct a 10'X 16' pavilion 6' from the top of the bluff. Located: S/w corner of West Rd. & Pequash Ave., Cutchogue. SCTM#110-7-13 Inspected by: Scoff Worth The CAC does Not Support the application because the proposed location of the structure is too close to the top of the bluff and does not include a drainage plan. Vote of Council: Ayes: All Motion Carried James F King, PresJdem Peggy A Dickerson Dave Bergen Bob Ghosio, Ji PO. Boxl179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax ( 631 ) 765 -6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ~'gf~ CUTCHOGUE-NEW SUFFOLK PARK DISTRICT requests a Wetland Permit to construct a 10'X 16' pavilion 6' from the top of the bluff. Located: S/w corner of West Rd. & Pequash Ave., Cutchogue. SCTM#110-7-13 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound ~Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: ~"~etland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: ~J.King ~b'J'.Doherty __P.Dickerson "'~). Bergen~/'~B.Ghosio, __ D. Dzenkowski __M~rk ~-ry__other ~'co-r/- Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- SURVEY OF PROPERTY SITUA T£ CUTCHOC-UE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-110-07-13 SCALE 1 "--20' JULY .3, 2008 AREA = 37,942 sq. ff. (TO TIE LINE) 0.871 ac. CERTIFIED TO: CUTCHOGUE - NEW SUFFOLK PARK DISTRICT / PREPAR£D IN ACCORDANCE WlI~ THE MINIMUM STANDARDS FOR TI~.E SURVEYS AS ESTABUSHED By ITIE LIALS, AND APPROVED AND ADOpIED NY,S, Lm. No 50467 Nathan Taft Corwln III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. NOTES: 1. eleVATIONS ARe REFERENCED EXISTING ELEVATIONS ARE EXISIING CONTOUR LINES KFL ~ FIRST FLOOR TO N.G.V.D. 1929 DATUM SHOWN THUS:~ ARE SHOWN THUS: x2Z5