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Home My WebLink About1000-98.-2-20.1 OFFICE LOCATION: ��oE $U(/ry0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 y Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, Assistant Town Planning Director LWRP Coordinator Date: June 11, 2021 Re: Local Waterfront Coastal Consistency Review for DAVID & PATRICIA O'DAY SCTM# 1000-98-2-20.1 En-Consultants on behalf of DAVID & PATRICIA O'DAY requests a Wetland Permit for the as-built construction of a 20.8' x 40.2' deck with steps; 725 sf grade-level masonry pool patio; and 430 sf grade- level pervious gravel fire-pit patio with associated +/- 30 If stone landscape wall. Located: 2700 Arrowhead Lane, Peconic. SCTM# 1000-98-2-20.1 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 recommended as INCONSISTENT with the LWRP policies. 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. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The structures were constructed without a Board of Trustee review and necessary permits. In the event the action is approved require a pool dewatering drywell. It is also recommended that the 20' wide non-turf buffer shown on the survey be memorialized within the permit as a vegetated, undisturbed 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: Damon Hagan, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. 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 si nificant 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- supporting 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 ACTIONED SCTM# 98 - 2 _ 20.1 rRECEIVED fl 0,.� 2021 PROJECT NAME David and Patricia O'Day rni ithold 1-own Planning Board The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 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) El (c) Permit, approval, license, certification: Nature and extent of action: As-built construction of 20.8'x 40.2'deck with steps; 725 sf-grade-level masonry pool patio; and 430 sf grade-level pervious gravel fire-pit patio with associated+/-301f stone landscape wall,as depicted on the survey prepared by Kenneth M. Woychuk Land Surveying,PLLC,last dated April 16 ,2021. J Location of action:2700 Arrowhead Lane,Pecomc Site acreage: 1.08 acres Present land use: Residential,single-family dwelling with deck. Present zoning classification: R-40 2. 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: David&Patricia O'Day (b) Mailing address: 2700 Arrowhead Lane Peconic,NY 11958 (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ® 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. FlYes ❑ 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 ❑ No ® Not 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 ❑ Yes ❑ No ® Not Applicable ,i 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 S through 16 for evaluation criteria ❑ Yes 1:1No ® 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 ❑ Not Applicable The application seeks a wetland permit for an existing deck on the waterside of the house-,-which appears to have been present at the time Wetlands Permit No 6368 was issued for the existing swimming pool in 2006--but has no permitting history As-built built approval is also sought for the existing grade-level pool patio and grade-level gravel fire-pit patio,both of which were constructed after issuance of the Certificate of Compliance for Permit No 6368 in 2007 and prior to the applicants'purchase of the property in 2020 The deck,which is setback 50 feet from wetlands,has long existed at the site and was present at the time the wetlands permit for the pool was issued,the pool patio,which is located only partially within wetlands junsdiction,is located almost 80 feet from wetlands and well exceeds the minimum required 50'wetland setback for pool-related structures set forth in Section 275-3(D)(1)(a)(5),and the fire-pit patio is comprised of a pervious gravel surface Additionally,the 20'non-turf buffer adjacent to the wetland boundary,required as a condition of Permit No.6368,has been established and is being maintained by the applicants Therefore,legalization and maintenance of these existing structures will have no adverse impacts on the quality or function of the adjacent tidal wetlands associated with Little Creek 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 Attach 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 ❑ NoVN Not Applicable r J 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 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 for evaluation criteria. ❑,Yes ❑ No ® 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 l PREPARED BY TITLE Coastal Management Specialist DATE Apn128,2021 Robert E. Htmlkem Amended on 811105 S.C.T.M. N0. DISTRICT: 1000 SECTION: 98 BLOCK: 2 LOT(S):20.1 LAND N/F OF CHARLES VANDUZER LOT 23 / S 89°22'30"E MON 8' CFWNUNK FENCE 0 2'N 147.77' MON. 1.1 E Up, O I � a ® E c� U Il W ti ry APR 0 2021 V Southold Town Board of Trustees o •d , ..GRAVEL DRNEµAY' x n d M a: LOT 22 %p' LAND N/F OFakpI L pRpY;, °'• LOT 21 INDIAN NECK I LLC , BRICK WALK q 4.2'E F 25.8' n tA.6': X o� :........:... v .. .. ... ....w �E.. —x 4 wo.....::..::. ::: 1 STI FRAME.::..::• . pNCWOpOD ... :DWEWNG//2700':.::::: ..:: ::::::29..'. 4s gQ rn::••:•':''• 2'x4' \ 4.4'E ...... PRMS SAF 0 . g4.0' 3 5'x5.25' ` -- - oia U.P. - - - -- - Soo 6.8'x5.7' STONE/GRAVEL BASE :: pEOK ::'INGROUND:•: 12.4' LC :-:..POOL:::: 5.1'x5.4' oN �2, ... .. °0X O .`. 36 8, �. N 8X9.7 4' A>F X o X h GATE SCE X X � FIRE PIT \�( 13.91E 0.5'W X X X X X X X X ERVIOUS X X X X X X X GRAVEL AREA X X X X X X X X X X FLAGPOLE E OF X X X X X X X` X X ��NGY X X _ �X X ?91E�F X X O / 1- X X NONEX X X ti / ;;10 0 ` �..� M \X X X SRF BU X X of 392 p HW X X X�X X �X"X X X X X \X X X X X X �K X X X X X _11XX X X X X TIDAL WETLANDS BOUNDARY AS TOWN OF SOUTHOLD � X X X X DELINEATED BY EN-CONSULTANTS 01/27/21 LOT COVERAGE �.. '�'_�X X X X— (BASED ON BUILDABLE LAND: 44,877 S.F. LAND N/F OF X HOUSE: 3306 S.F. TOWN OF SOUTHOLD X REAR DECK: 835 S.F. ISSOO, POOL: 703 S.F. �., TOTAL: 4844 S.F. or 10.8% REVISED 04-16-21 THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS BUILDABLE LAND: 44877 S.F. or 1 .0 ACRES AND OR DATA OBTAINED FROM OTHERS. AREA:46,870.78 SQ.FT. or 1 .08 ACRES ELEVATION DATUM: UNAUTHORIZED AL7FRA770N OR ADD177ON TO THIS SURVEY IS A VIOLATION OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS7777-177ON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI7UT70N, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM 774E PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADD177ONAL STRUCTURES OR AND 07HER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUU-TURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT 774E 77ME OF SURVEY SURVEY OF:LOT 21 & 22 CERTIFIED TO: DAVID C. O'DAY; PATRICIA O'DAY; MAP OF: ARROWHEAD COVE CHICAGO TITLE INSURANCE SERVICES, LLC; FILED:JUNE 20, 1963 No. 3810 BANK OF AMERICA; SITUATED AT:PECONIC - TOWN OF:SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design r � P.O. Bog 153 Aquebogue, New York 11931 FILE #220-1 10 SCALE:1 "=30' DATE: AUG. 23, 2020PHONE (831)298-1588 FAX (831) 298-1588 "NYS. LISC. NO. 050882 maintaining the records of Robert J. Hennessy k Kenneth M. Waychuk NS T 'p� �-k 17 A ,yyr v V SEE SEC Rd- 4" x `ti ;" 0 PW 0�9, , , - ,1: , - zz llz_�L mFr w Ile, -g, w4H M lZmM 'F06 PCL NO, Wo NO T�v;o- -Al .1, j- vs -LQ.QL \ —� - , v IL -j" Avw.', acts. 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