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Home My WebLink About1000-118.-4-2 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: v P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE LOCATION: 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: James King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 21,2006 Re: Request for Wetland Permit for Michael and Robin Drews SCTM# 118-4-2 Patricia C. Moore, Esq. on behalf of MICHAEL & ROBIN DREWS requests a Wetland Permit to demolish the existing residence and construct a new residence 71.3' from the existing bulkhead and add IO'X 20' decking landward of bulkhead. Located: 7425 Nassau Point Rd., Cutchogue. SCTM#118-4-2 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP 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 restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southo/d 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 nronosed structure setback from the ton of bluff line is 33 feet, a minimum setback distance of 100 feet is required nursuant to Chanter 275-3. Please have the ann lie ant amend the annlication to further the above Policv to the l!reatest extent nossible. Furthermore, the locatiou of the two 10 x 20 deck structures immediatelv laudward of the bulkhead and seaward of the top of bluff line is inconsistent with the above policv; a minimum setback of 100 feet is reQnired form the top of blnff line. CC: Shawn Kiernan, New York Department of State, Division of Coastal Resources " Town of Southold LWRP CONSISTENCY ASSESSMENT FORM JUL 2 7 2006 A. INSTRUCTIONS 1. All applicants for permits' including Town of Sauthald agencies, shall complete this CCAF far 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 detennination 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. Ifany 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 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 South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Pla',l!lip~P:iIJ~r(1)le~, all local libraries and the Town Clerk's office., .....- .............:... B. DESCRIPTION OF SITE AND PROPOSED ACTION '. ........, ~" -~1 "''''~'. .,. I ........., SCTM# 1000-118-4-2 (Michael & Robin Drews) ......,... :J AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check appropriate respo.n:ier:~ Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees X Zoning Board of Appeals X (Variance) ~""'-"~' Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital constmction, planning activity, agency regulation, land transaction) 0 (b) Financial assistance (e.g. grant, loan, subsidy) 0 (c) Permit, approval, license, certification: 0 Type: Trustees Permit and ZBA Variance Town of So lithoId LWRP Consistency Assessment Form Nature and extent of action: Prooosed reconstruction of sinl!le family residence comolvinl! with all enerl!V and environmental standards. New Sanitary is orooosed. setback to the bulkhead increased from 63.3 to 71.3 for the deck. and 78.3 setba~k to existinl! buildinl! and 80.8 to oroposed buildinl!. new drvwells and l!utters added Location ofaction:7425 Nassau Point Road, Cutchogue Site acreage: 37.923 so.ft. Present land use: residential 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: Michael & Robin Drews (b) Mailing address: 105 Hemlock Road. Short Hills NJ (c) Telephone number: (_) c/o Pat Moore 765-4330 (d) Application number, ifany: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D No X If yes, which state or federal agency:_ Town of Southold L WRP Consistency Assessment Fonn 2 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 III - Policies; Page 2 for evaluation criteria. Yes X No 0 Not Applicable 0 Discussion (if appropriate): The proposed reconstruction of the single family dwellin!! will remove an existin!! residence which was constructed in the 1930's without prover insulation. hurricane standards. ener!!y efficiency and outdated sanitary system. The proposed use is a vermitted use Policy 2. Protect and preserve historic and archaeological resources of the Town of South old. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes 0 No 0 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. The existing building is not historic. 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 X No 0 Not Applicable 0 Discussion (ifappropriate):There are existing shoreline protective devices. bulkhead. 'md the residential vroperty will be revitalized with a new house. The construction of a new house also reQuires a new sanitarv system which will !!iye !!reater vrotection to the environment. New house construction provides for gutters and leaders which control draina!!e and Ilrovides for proller sedimant control. Town of South old L WRP Consistency Assessment Fonn 3 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 J 6 for evaluation criteria Yes X No 0 Not Applicable 0 Discussion (if appropriate): The construction of a new residence will meet flood standards and hurricane code comoliance. New construction is oreferred to the ore-buildinl; code materials because the ourpose of the state buildinl! code is to orevent loss of life. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages J 6 through 2 J for evaluation criteria Yes X No 0 Not Applicable 0 Discussion (if appropriate): A new sanitary system is orooosed which will meet or exceed Suffolk County Sanitary Code standards. The {lroposed house is desil!ned to orevent discharl!e of runoff into surface waters throul!h use of drywells and leaders. After construction the orooertv will be landscaoed with native and low-fertilizer deoendent olant species which will reduce nitrol!en loadinl! from the site. 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 111- Policies; Pages 22 through 32 for evaluation criteria. Yes X No 0 Not Applicable 0 Discussion (if appropriate): The site is adjacent to Ljttle Peconic Bav. however the orooosed house has been located at a l!reater distance to the bulkhead then the oril!inal structure. The {lropertv was developed with a year round dwellinl! and reulacement of the dwellinl! is consistent with Town policies and New York State uolicies. The distance of the house and sanitary to the wetlands was maximized and the setback to the bulkhead is in line with adjacent orooerties. Policy 7. Protect and improve air quality in the Town of South old. See L WRP Section II: - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes 0 No 0 Not Applicable X Discussion (ifappropriate):No imoact is anticioated to air aualitv bv reolacement of a sinele familv dwellinl!. Town of South old LWRP Consistency Assessment Form 4 Policy 8. Minimize environmental degradation in Town ofSoutholdFom solid waste and hazardous substances and wastes. See L WRP Section III -Policies; Pages 34 through 38 for" evaluation criteria. Yes X No D Not Applicable D Discussion (if appropriate): The construction of an updated home will be a benefit to the environment because current rel!ulations are more restrictive then at the time the house was ori~inallv constructed. The replacement of the sanitarv svstem is the most beneficial aspect of new construction. Town of South old LWRP Consistency Assessment Form 5 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 South old. See L WRP Section !II - Policies; Pages 38 through 46 for evaluation criteria. Yes X No 0 Not Applicable 0 Discussion (ifappropriate):The parcel is private. however. access atoDl! the beach is open to the public Town of Southold L WRP Consistency Assessment Form 6 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes X No 0 Not Applicable 0 Discussion (if appropriate): Residential Homes alonl! the water are the primary use in the Town of Southold. South old has limited commercial development and the taxes that new sinl!le familv homes pav is disproportionate to the services they demand. The replacement of the sinl!le familv house is an apllropriate and recognized permitted use in the Town of Southold.. 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 62for evaluation criteria. Yes X No 0 Not Applicable 0 Discussion (if appropriate): The construction of new home to replace an existinl! home promote and enhance marine resources because new construction is environmentallv friendlv and all the rel!ulatorv al!encies control the proiect to prevent del!redation of the environment. Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section 111- Policies; Pages 62 through 65 for evaluation criteria. Yes 0 No 0 Not Applicable X Discussion (if appropriate): The area is not a desil!nated agricultural district. The neil!hborhood consist of sinl!le familv homes on existinl! {Iarcels 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. Yes X No 0 Not Applicable 0 Discussion (if appropriate):As stated before. the house will be constructed with enerl!V efficient materials and safety standards. Residential development is a recol!nized permitted and encoural!ed use in the Town of South old. 'copy of Town form created on 2111106 Town of Southold L WRP Consistency Assessment Form 7 .t'77U& l'&ef!1t'7iJ if,tf ~ ~~~' ;'-- '-.) 'Q :,. ~ ~ N W -, c:::'-;> I 1-- !~ ~ ! :;, t I,~ l'--- JUL 1 4 2006 ~_ ',;1) 582.0'0" 'W 387.51' on OOTIUllJlo['"",",,U<T UI<no;OlJl"llN'.,.",."", ~ -- , , , , , - ~ , , NEW DRIVEWAY ! , ,.1nI.-'-'~-~ -~I ..".....,~ N 82.0'0" E 403.g8' HOUSEORA!NAGE: ROOfAFIEA$,S"02SG.FT AT100XWAT(RRUNOrF=<102W,FT PROVIDE .-lrDIA_X4'OEEPORYWELLS !67bW.FTJ 2-Il"DlA.XlrD(EPDRY'WELLS!b76CU. FT) NElGNBOfl"SNOVStlS XI~nlY."LOs[ TO BULKHEAOTllN1 EXlSTlNGfIOlISt . SITE PLAN SCALE: 1" = 30'-0' NAY\lAlL5w/SRTr(IIC!NG TO BE INSTALLED A~OUNO U!T1REWOR.S.lHPDl(OOE (STORM WAnR l'IANAG[MCNT) "l!STll!:MA.lNT>.DfE:DIRtPUUC ASN([o(OUMTlL'OH5T~u'nOH PF\OJCCTIS COi'II'L[TEO "' /;;;../"" "P t -{~! ~ --------- I EXISTING DRIVEWAY TO BE REMOVED ---- / ---- -------:~l "/ ~4~'_ seTH: 1000-11'-04-02 PROPERTY: 3"10325Q. fT. HOUSE: 2713SQ, n SCREENEOPOFlCH: 3"18' SQ. FT LOG6IA,21SSQ_FT mONTPOROi:132SQ.FT. SIDE PORCH; U SQ. rT SrOOP:2QSQ,rT WALK THOUGH: 1brSG.rT GARAGE: Q12 SQ. n FLUSH DECKS: .0050, n. TOrALSQFTG., So-qgSQ,FT LOTCOVERACiE: 13.1 ~ Cl d 0: I- ~ o a.. ;:, ;Jj en ~ REVISlOt;'"3: ISA 0(,10210' . ~ - - ..;: ~ ~ U :Il ~ ::j "' ~ - ~ ~ '; ~ J ~ ,." , ~~q j ~ ~ ' ~ u ~ i w en :J o ::I: a w en o c.. o c:: c.. ~ ~ ~ ~ W ~ OJ Ul :J o ::I: Ul ~ OJ \... a o ~ o ~> ~~. OW ~~ ~~ ;p ~g ;;u * ~ DRAWN HH/HS 5CAl.E,j"'30' JOB- J"",,20.2oo' SHEET.....HBER 8-1