HomeMy WebLinkAbout1000-70.-12-39.3
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KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTH OLD
To: Town of South old Board of Trustees
From: Mark Terry, Senior Environmental Planner
L WRP Coordinator
Date: February 8, 2006
Re: Proposed Wetland Permit for Edward Fergus
SCTM#1000-70.-12-39.3
EDWARD FERGUS requests a Wetland Permit to construct a single-family dwelling, covered
porch, attached deck, attached garage, sanitary system, and shed. Located: 1854 North Bayview
Rd., Southold. SCTM#70-l2-39.3
The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the
Town of South old 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 INCONSISTENT with the denoted following 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 restOl'e tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the South old Town Board of
Trustees laws and regulations for all Andros Patent and other lands under their
jurisdiction
I. Comply with Trustee regulations and recommendations as set forth in
Trustee permit conditions.
The proposed setback from the wetland system is 77 feet; a minimum separation distance
of 100' is reQuired pursuant to Chapter 97. Please reQuire that the applicant amend the
application to meet the above policv to the l!reatest extent possible.
Additionallv. if the action is approved and to further Policv 5: Protect and Improve Water
Quality in the Town of South old
1. ReQuire erosion and sediment controls (havbales. silt fencinl!) to protect the
wetland system to the north of the property.
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2. Require native disease-resistant and droul!:ht-tolerant landscapinl!: to minimize
irril!:ation and fertilizer applications.
3. Require l!:utters, downspouts and sub-surface drvwells to control stormwater
runoff.
Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing
its written determination r(lgarding the consistency of the proposed action.
LWRP CONSISTENCY ASSESSMENT FORM
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A. INSTRUCTIONS
I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of South old 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 significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the L WRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the L WRP policy
standards and conditions. If an action cannot be certified as consistent with the L WRP p()licy
standards and conditions, it shall not be undertaken. ' ..' '" .' .... ..
A copy of the LWRP is available in the following places: onHneat(;)w~::to,\l1hqW~1\~ite
(southoldtown.northfork.net), the Board of Trustees Office, the platlin' elL '. . l~t,J~t1J,<)tal \ I
libraries and the Town Clerk's office. ,T I' i
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The Application has been submitted to (check appropriate response):
B.
DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM#
70
--.ll... -
39.3
1.
Category of Town of South old agency action (check appropriate response):
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Town Board D Planning Dept. D Building Dept. D Board of Trustees
(a)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
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(b)
Financial assistance (e.g. grant, loan, subsidy)
(c)
Permit, approval, license, certification:
Nature and extent of action:
Construct a .,52' x 41' sinl!:le familv dwellinl!: with associated deckinl!: and attendant sanitarv system. a .,25' x
36' attached l!:aral!:e and a %10' x 24' shed on subiect parcel (please also refer to the attached proiect
description).
Location of action: North Bavview Road: Town of Southold
Site acreage:
1.45 acre %
Present land use:
vacant
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: Edward Fel1!us
(b) Mailing address: 5 Hail! Drive
nix Hills. NY 11746-5160
(c) Telephone number: Area Code ( 631 ) 940-5726
(d) Application number, ifany: N/A
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes [gJ No D
If yes, which state or federal agency? NYSDEC, SCDHS
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 L WRP Section ill - Policies; Page 2 for evaluation
criteria.
I2J Yes 0 No 0 Not Applicable
As indicated within Policv 1. BOeve/ooment that does not reinforce the traditiona/land use oattern of the
Town of Southold would result in a loss of the communitv and /andscaoe character of Southold.... this
proiect is a proposal to improve an undeveloped lot with a dwellina and related appurtenances that are
common to the surroundina area. which is hiahlv developed. The proposal. as desianed, will not result in
adverse effects to the surroundina environment in that it meets all reauired setbacks from situate wetlands,
In addition, all dwellinas in the surroundina area have coexisted harmoniouslv with the environment for
vears, Accordinalv. we believe that this Proiect is consistent with this policv,
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
L WRP Section ITI - Policies Pages 3 through 6 for evaluation criteria
DYes 0 No I2J Not Applicable
Policy 2 is not applicable in that subiect lot and the surroundina neiahborhood cannot be deemed a
substantial historic and/or archaeoloaical resources,
Attach additional sheets if necessary
Policy 3'. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
L WRP Section III - Policies Pages 5 through 7 for evaluation criteria
I2<:J Yes D No D Not Applicable
Subiect proposal will not adverselv impact the visual aualitv of the surroundina area in that the surroundina
area is currentlv comPrised of properties improved with sinale-familv dwellinas of similar. if not laraer. size. The
Proposed dwellina will not impede line of siaht throuah subiectlof any more than it is impeded now as said lot
is hiahlY veaetated. The reauired c1earina of the lot will actuallY increase the amount of visibility throuah
subiect parcel thereby openina UP more of the Town's scenic resources to public view. Therefore. this Proposal
will comply with Policy 3.
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP
Section III - Policies Pages 8 through 16 for evaluation criteria
I2<:J Yes D No D Not Applicable
Subiect Proposal will fully comply with Policy 4 in that the location of the imProvements within subiect
Property are to be situated above the eiaht foot 18.0' I elevation contour which will Provide ample
protection durina a severe storm event. Native veaetation will remain around the peripherv of subiect
parcel offerina further protection aaainst erosion. Accordinaly. the proposal will not result in any form of
loss of life, structures. and natural resources from flood in a and erosion.
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III
- Policies Pages 16 through 21 for evaluation criteria
I2<:J Yes D No D Not Applicable
Subiect Proposal will comply with Policy 5 in that the property will utilize public water. as well as to utilize an
efficient sanitarv system. which will be compliant with the reauirements of the Suffolk County Department of
Health Services. Accordinaly. no adverse impacts to either the water auality and/or water supply of
Southold Town are anticipated.
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 L WRP Section III - Policies; Pages 22
through 32 for evaluation criteria
I2<:J Yes D No D Not Applicable
Subiect Proposal will complY with Policy 6 in that the Proposed imProvements are desianed to meet the
environmental auidelines and reauirements of both the Town of Southold Board of Trustees and the New
York State Department of Environmentai Conservation. and conseauently. will maintain the intearity of the
surroundina ecosystem.
Attach additional sheets if necessary
~olicy 7, Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies
Pages 32 through 34 for evaluation criteria
DYes 0 No ~ Not Applicable
Subiect proposal is not applicable in that the proposal is simplv to improve subiect property with a
reasonablv sized sinaJe familv dwellina with related appurtenances. Accordinalv. this proposal is not
applicable with this policv.
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous
substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
DYes 0 No ~ Not Applicable
Subiect proposal is not applicable in that the proposal does not involve disposal and/or transportation of
solid waste. hazardous waste. toxic pollutants. or petroleum products.
Attach additional sheets if necessary
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 L WRP Section III - Policies; Pages 38 through 46 for evaluation
criteria
DYes 0 No ~ Not Applicable
Subiect proposal is not applicable in that the proposal is not situated within a property containina. or havina
the potential to contain. public access to coastal waters. public lands and/or public resources within the
Town of Southold.
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in
suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria
DYes 0 No ~ Not Applicable
Subject proposal is not applicable in that the proposal does not involve a water-dependent use ILe.
marina. aauaculture. etc...1.
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
DYes 0 No ~ Not Applicable
Subiect proposal is not applicable in that the proposal does not involve any form of marine resource
manaaement {I.e. commercial fisheries. recreational fisheries. aauaculture. etc...1.
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section ill - Policies; Pages
62 through 65 for evaluation criteria.
DYes 0 No ~ Not Applicable
Subiect proposal is not applicable in that the proposal does not involve aariculturallands (Le. the
conversion of farmland, the establishment and/or maintenance of new coastal aaricultural production,
etc...l
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
DYes 0 No ~ Not Applicable
Subiect proposal is not applicable in that the proposal does not involve the conservation of enerav
resources on a commercial level and/or the promotion of alternative eneray sources, proper maintenance
of fuel storaae facilities and/or the extraction of mineral extraction
Attach additional sheets if necessary
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FLOOO ZONE LINES FROM FIRM 36703C0166 G MA Y 4, 1998
ELEVA TlONS REFERENCED TO N. G. V.O.
I am familiar with the STANDARDS FOR APPROVAL
AND CONSlHUCTION OF SUBSURFACE SEWAGE
DISPOSAL SYSTEMS FOR SINGLE FAMIL Y RESIDENCES
and will abide by the conditions set forth therein and on the
permit to construct.
The location of wells and cesspools shown hereon are
from field observations and or from data obtained from others.
ANY AL TERA nON OR AOOlnON TO THIS SURVEY IS A VIOLA TlON
OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.
. EXCEPT AS PER SECTION 7209-SUBDIVlSfON 2. ALL CERTtFlCA nONS
'fEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF
'iAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
'tHOSE SIGNA TURE APPEARS HEl?EON.
lEA=63,302 SQ. FT.
<.. TO nE LINES
I ~LA TH SET
.. ~ WETLAND FLAG
PROPOSED SEWAGE DISPOSAL SYSTEM
[6} LEACHING POOLS V>1TH 3' SAND COLLAR
{I} 1,200 GALLON SEPTIC TANK
BOTTOM OF LEACHING POOLS TO BE 2' ABOVE GROUND
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::iUHVP/Y OF PROPERTY
AT BA YVIEW
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NY.
1000-70-12-39.3
SCALE' 1"=50'
FEBRUARY 20, 2004
JANUARY 6, 2005 (Revisions)
SEPTeMBER 9, 2005 (Loc. wetlands flogs,
flov. 9, 2.005 (,cvu,,,/\~)
revise prop. house)
WA TER
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SUBSURFACE SEWAGE DISPOSAL
JOSEPH FISCHETTI, PE
HOBART ROAD
SOUTHOLD, N. Y. 11971
(631) 765-2954
APPROXIMA TEL Y 150 cu. ft. OF FILL REOUIRED.
GRADING PLAN
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SYSTEM DESIGN BY:
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Lie. NO. 49618
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(631) 765-1797
04-108