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Home My WebLink About1000-52.-2-23 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: April 10, 2013 Re: Proposed Wetland Permit for MAUREEN MASSA & ALAN SCHWEITZER SCTM#1000-52-2-23 Patricia C. Moore, Esq. on behalf of MAUREEN MASSA & ALAN SCHWEITZER requests a Wetland Permit to replace existing window of garage to a sliding glass door and add a skylight; construct a 4'x28' hardwood dock consisting of 60% open deck a minimum 2' above grade; a new 3'x12' seasonal ramp and a 5'x18' seasonal float; construct a 4'x36' set of stairs from top of slope to fixed dock; a proposed 10'x4' slate (stone) on sand or crushed stone as a non-turf buffer area; and install irrigation landward of the top of the slope. Located: 460 Ruch Lane, Southold. SCTM# 52~2-23 REVISED PROJECT DESCRIPTION AS OF 3126113: Construct a 4'x38' set of stairs from top of slope to edge of wetlands with a 10'x10' platform at top of stairs. 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 actions are CONSISTENT with the Policy Standards and therefore CONSISTENT with the LWRP provided that: 1. The Board requires a landscaped buffer landward of the top of slope to further policies 5 and 6. 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 area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed the achievement of the LWRP policy standards and conditions contained i~ law. Thus, the action should be analyzed in more detail a determination that it is consistent to the maximum extent standards and conditions. If an action cannot be certified standards and conditions, it shall not be undertaken. affect , review prior to making LWRP policy LWRP policy A copy of the LWRP is available in the followin (southoldtown.northfork.net), the Board of Trustees, the Town Clerk's office. the Planning Department, all local libraries and B. DESCRIPTION OF SITE SCTM# 1000-52-2-23 (Massa AGENT: Patricia C. Moore Esq $1020 Main Road, Sour 631-765-4330 ACTION ,.,ECE VE MAR 2 6 2013 --- Southold Town Board of NY 11971 l'he Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X Zoning Board of Appeals 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: Trt~stees Permit APR -42013 Town of Southold LWRP Consistency Asscssmenl Forn] Nature and extent of action: proposed 4' x 38 proposed stairs from top of slope to Mill Creek with 10' x 10' platform at top of steps (Exempt from LWRP) Location of action:460 Ruch Lane, Southold Site acreage: .38 acres to tie line 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:Maureen Massa & Alan Schweitzer (b) Mailing address: 460 Ruch Lane, Sonthold (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 Ifyes~ which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a paltern (~l~development in the Town q['Southold that enhances community character, preserves open ,v~ace. makes ¢fficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse qffects (~['development. See L WRP Section Ill - Policies; Page 2,fi~r evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The access to Mill Creek is exempt from LWRP and 10' xl0' platform at top of steps makes beneficial use of the waterfront Policy 2. Protect and preserve hisloric and archaeological resources of the Town of Southold See LWRP Section 111 - Policies Pages 3 through 6 fi~r 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 I.WRP Consistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughoul the Town Southold. See LWRP Section I11- Policies Pages 6 through 7.[br evaluation criteria Yes X No [] Not Applicable [] Discussion (ifappropriate):the residential use of the property will not change. The proposed steps and platform conforms to the Town's regulations. NATURAL COAST POLICIES Policy 4, Minimize loss oJ'l!/k~ structures, and natural resources./kom flooding and erosion. See LWRP Section 111 - Policies Pages 8 through 16./br evaluation criteria Yes X No [] Not Applicable [] Discussion (ffappropriate)S The property is on the Mill Creek; steps and platform will not impact property with respect to flooding or erosion Policy 5. Protect and improve water quality and supply in the Town (?f Southold See L WRP Section Ili- Policies Pages 16 through 21.[br evaluation criteria Yes No [] Not Applicable X Discussion (il'appropriate)l the steps and platform will conform to the Trustees standards and does not impact water quality or supply. Policy 6, Prolecl and restore the quality and function qf the Town of Southold ecosystems including Sign~/icant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ili - Policies; Pages 22 through 32.{hr evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): Policy Z Protect and improve air quality in the Town q/'Southold See LWRP Section H1- Policies Pages 32 through 34.[br evaluation criteria. See Section 111 - Policies Pages; 34 through 38.[br evaluation criteria. Yes [] No [] Not Applicable X Discussion (ifappropriate):No impact is anticipated to air quality Policy & Minimize environmental degradation in Town qf Southold fi'om solid waste and hazardous substances and wastes. See L WRP Section 111 -Policies; Pages 34 through 38for evaluation criteria. Yes No [] Not Applicable x Town of Southold LWRP Consistency Assessmc~t Form 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 qf, coastal waters, public lands, and public resources of the Town qf Southold See LWRP Section III- Policies: Pages 38 through 46./br evaluation criteria. Yes X No [] Not Applicable X Discussion (ifappropriate):The parcel is private WORKING COAST POLICIES Policy 10. Protect Southold's water-dependenl uses and promote siting of new water-dependent uses in suitable locations. ,gee LWRP Section 111 - Policies: Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): the waterfront property retains riparian rights; proposed steps enables owners to access Mill Creek. Policy 11. Promote suslainable use (?['living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section 111 - Policies: Pages 57 through 62for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The NYSDEC, Army Corp and Department of State regulations prevent degredation of the environment. Policy IZ Protect agricultural lands' in the Town of Southold See LWRP Section 111 - Policies: Pages 62 through 65.[br evaluation criteria. Yes [] No [] Not Applicable X Discussion (il'appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existing parcels with docks Policy 13. Promote appropriate use and development of energy and mineral resources..gee L WRP Section 111- Policies: Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriatet:Residential development is a recognized permitted and encouraged use in the Town of Southold; *copy of Town form created on 2/11/06 I'own of Southold LWRP Consistency Assessment Form 4 PLAN VIEW Proposed: Stairway Surveyed: 08-03-12 Amended: 08-30-12, 09-25-12, 03-07-13, 03-24-13 SCT# 1000-52-2-23 Town: Southold Suffolk County, NY I 1" = 30' I N / / / / Mi// Creek '"::--...~ m°~ue Pond SECTION 10' x 10 Proposed Stairs 4'x38' 1"=20' ROBERT H. FOX NYS PLS# 50197 Box # 366 Aquebogue NY 11931