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HomeMy WebLinkAboutDenial *®F SO(�j�, Michael J.Domino,President h�� Ol0 Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Charles J. Sanders cia � Southold,New York 11971 Glenn Goldsmith ® �@ Telephone(631) 765-1892 A. Nicholas Krupski COUNTY,� ' Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 18, 2017 Christopher F. Dwyer L. K. McLean Associates 437 South Country Road Brookhaven, NY 11719 RE: MATTITUCK PARK DISTRICT 5155 BREAKWATER ROAD, BREAKWATER BEACH, MATTITUCK SCTM# 1000-99-2-19.1 Dear Mr. Dwyer: The Board of Town Trustees,took the following action during its regular meeting held on Wednesday, January 18, 2017 regarding the above matter: WHEREAS, L. K. McLean Associates on behalf of MATTITUCK PARK DISTRICT applied to the Southold Town Trustees for a permit under the provisions of Chapter 111 Coastal Erosion Hazard Areas of the Town Code of the Town of Southold, application dated September 9, 2016, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies pursuant to Chapter 111 Coastal Erosion Hazard Areas of the Town Code: Policy 4 - minimize losses of human life and structures from flooding and erosion hazards, Policy 6.3 —protect and restore tidal and freshwater wetlands, A. 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, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 19, 2016 and again on January 18, 2017, at which time all interested persons were given an opportunity to be heard, and, z WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure, as applied for is located in a beach area as per the Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code and governed by Section 111-12 (D) -All development is prohibited on beaches unless specifically provided for in Chapter 111; and Section 111-6 Definitions: Unregulated Activity— Excepted activities which are not regulated by this chapter include, but are not limited to, elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar openwork supports with a top surface area of less than 200 square feet or which are removed in the fall of each year, normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program, setup and maintenance of temporary wildlife protective structures;planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes,routine agricultural operations, including cultivation or harvesting, and the implementation of practices recommended in a soil and water conservation plan as defined in §3, Subdivision (12), of the Soil and Water Conservation Districts Law,provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure, and, NOW THEREFORE BE IT, RESOLVED, for the foregoing reasons, and because the proposed action is located entirely within the Coastal Erosion Hazard Area and in a beach area, and because the proposed action is not permitted in such areas pursuant to Chapter 111 of the Town Code, that the Trustees deem the proposal to install a 25' wide by 40' long steel shade shelter supported by six (6) foundation columns over a proposed 4" (25'x40') concrete slab; and to install an approximately 12'x24' timber deck fastened onto the existing concrete slab that is attached to the existing lifeguard building to be impermissible under Chapter 111, and, BE IT FURTHER, RESOLVED, that for the foregoing reasons, the Board of Trustees DENIES WITHOUT PREJUDICE the Coastal Erosion Permit application of MATTITUCK PARK DISTRICT to install a 25' wide by 40' long steel shade shelter supported by six (6)foundation columns over a proposed 4" (25'x40') concrete slab; and to install an approximately 12'x24' timber deck fastened onto the existing concrete slab that is attached to the existing lifeguard building; and as depicted on the site plan prepared by L. K. McLean Associates, P.C., last dated November 17, 2016, and stamped approved on January 18, 2017. 3 This determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, Michael J. Domino President, Board of Trustees MJ D/eac