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HomeMy WebLinkAbout1000-123.-6-14PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN II. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND To; PLANNING BOARD OFFICE TOWN OF SOUTHOLD James King, President Town of Southold Board of Trustees MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: August 21, 2006 Request for Wetland Permit for Eugene Daneri SCTM# 123-6-14 Suffolk Environmental Consulting, Inc. on behalf of EUGENE DANERI requests a Wetland Permit to demolish the existing dwelling, existing dilapidated accessory wood frame structure and existing shed and construct a new 46'X 55' two-story frame dwelling with 10'X 46' porch attached to the southern side, and to install a new sanitary system and detached 24'X 36' garage. Located: 200 Terry Path, Mattituck. SCTM#123-6-14 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 (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 Southoid ecosystem. 6.3 Protect and restore tidal and freshsvater wetlands. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed structure setback from a wood bulkhead is 28 feet~ a minim~im setback distance of 100 feet is required pursuant to Chapter 275-3. Please have the applicant amend the application to further the above Policy to the greatest extent possible. CC: Sha~vn Kiernan, New York Department of State, Division of Coastal Resources Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. ^il applicants for permits* mc udmg Town of Southold agenmes, proposed actions that are subject to the Town o£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 action may affect the achievement of the LWRP 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 LWRP policy standards and conditions. 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 ACTION SCTM# 123 6 14 ^U~ - ~J~ The Application has been submitted to (check appropriate response): . Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. 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: Nmureandexte~ ofaction: Applicant proposes to demolish existing functional dwelling, existing delapidated accessory wood frame structure and existing shed and construct a 46' x 55' 2 story three bedroom frame dwelling (with 10' x 46' porch attached to southern side). Applicant also proposes to install a new sanitary system and detached 24' x 36' garage. Attach additional sheets if necessary Location of action: ROW (Terry Path) off Camp Mineola Road; Mattituck Town of Southold~ NY Site acreage: 0.93 acre ± Present land use: single family dwelling 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: Eugene Daneri (b) Mailing address: P.O. 917 Mattituck~ NY 11952 (c) Telephone number: Area Code ( 201 ) 650-4233 (d) Application number, if any: N/A 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? NYSDEC 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. [] Yes [] No [] Not Applicable Subject proposal is consistent with the policy in that said proposal is simply an improvement of the existinfl conditions on the lot. This improvement is not only in the livinq conditions, but also in the use of the lot area. lhe proposed dwellinq is located more landward of the situate wetlands than the existinq dwellin.q. The proposed sanitary system is also up to current code. The proposal will also involve the demolition of a dilapidated accessory structure. Accordinqly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject lot and the surroundinq neiqhborhood cannot be deemed a substantial historic and/or archaeolo~qical resource. 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surroundinq area in that the surroundinfl area is currently comprised of properties improved with dwellinqs of similar size and scope as the one proposed. Scenic resources, assumedly views of Great Peconic Bay, are not at risk due to the fact that there is an existinq dwellinq at subject parcel and the proposed dwellinq is located in approximately the same location on the lot. Accordinflly, 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 LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will fully comply with Policy 4 in that the proposed construction will in no way alter the functional bulkhead located at subject parcel. As previously stated, the proposed dwellinq will be located more landward of the situate wetlands and the area of the lot effected by floodinq and erasion. Accordin~11y, this proposal will comply with Policy 4. 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 Subject proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surroundinq area. 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 Subject proposal will maintain the quality of the surroundinq ecosystem in that the existinq dwelling1 has been located at subject parcel for years without adversely affectinfil the surroundinq ecosystem. The proposed actions will move the dwellin.q further from the situate wetlands and install a new sanitary system to further protect the local ecosystem from pollution. Accordinqly, this proposal will comply with Policy 6. 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 Subject proposal is not applicable in that the proposal is simply to improve subject property with a new dwellin¢i and sanitary system which will not result in any form of adverse effects to air quality. Accordinqly, this proposal is not appticable with this policy. 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 Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, 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 LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable to this policy in that the proposal is attendant to a private property. Reqardless, this project will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surroundin.q resources. 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 LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is applicable in that a water-dependent use (i.e. water recreation) is beingl maintained and protected by the proposed installation of the new sanitary system which will further protect the situate surface waters from contamination by human effluent. Accordin.qly, this proposal will comply with Policy 10. 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 Subiect proposal is not applicable in that the proposal does not involve any form of marine resource managjement (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). 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 Subiect proposal is not applicable in that the proposal does not involve aflricultural lands li.e. the conversion of farmland, the establishment and/or maintenance of new coastal aqricultural production, etc...) 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 Subject proposal is not applicable in that the proposal does not involve the conservation of enerq¥ resources on a commercial level and/or the promotion of alternative enerqy sources, proper maintenance of fuel storaqe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 9/7/2005 ~ IO:OOAM 2. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION TEST HOLE DATA (~L ~) t3A ¥ PROPOSED SEPTIC SYSTEM DETAIL ! fxA. Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 53%5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President May 30, 2007 Mr. Mark Terry; LWRP Coordinator Southold Town P.O. Box 1179 Southold, NY 11971 Situate: SCTM #: Daneri L WRP Determination 200 Terry Path (Private Road #17); Mattituck Town of Southold, New York 1000 - 123 - 6 - 14 Dear Mr. Terry, This office is in receipt of your determination concerning the proposed improvements at the above referenced property as they relate to the Southold Town Local Waterfront Revitalization Program (LWRP). In said determination, you state that the instant proposal is INCONSISTENT with the Southold Town LWRP for the following reasons: As it relates to Policy 4.1 .A.3: Minimize loss of lite, structures, and natural resources tram flooding and erosion: "Note that the majority of the property is located in Flood Zone AE Elevation 8; the property located just seaward of the proposed house and porch is Flood Zone VE: Coastal Flood with Velocity Hazard (wave action). A recent storm in the area has breached the bulkheads along this shoreline. Two of the drywells for the house are proposed in this VE Flood Zone. It is recommended that the structure be located not within the flood zone to the greatest extent practical. SEE ATFACHED AERIAL PHOTO" Please note that the proposed dwelling is located 30' from the existing bulkhead, whereas the existing dwelling is located 11' from said bulkhead. The proposed development has been located as landward as is practical. During the storm referenced in your comments, the existing dwelling was not damaged. It is unlikely that the proposed dwelling, located 19' further landward and built to FEMA Compliance, will sustain damage from flooding. The installation of a the 10' Non-Turf Buffer will further protect the proposed dwelling by acting as a splash pad for the rare storms that do breach the bulkheading, The proposed drywells are located in the current position because of the location of the proposed septic system. These drywells have been approved by the Southold Town Trustees and will function properly. In addition and as previously stated, the subject parcel is buLkheaded. A bulkhead is a permanent structure installed for the specific purpose of erosion control. The majority of this section of the Great Peconic Bay shoreline is bulkheaded. It is unlikely that the proposed dwelling will sustain any damage from erosion because of the presence of the bulkhead. This is further evidenced by the fact that the existing dwelling, located 19' seaward of the proposed dwelling, has not sustained damage as the result of erosion. Most importantly, the proposed dwelling will be designed and constructed in compliance with all applicable rules and regulations promulgated by FEMA. Therefore, the proposed structure will be flood compliant, whereas the existing dwelling is not. The position you have taken cannot be sustained as no work would be permitted in a Flood Zone thereby declaring every waterfront home in Southold non- conforming. Therefore, we maintain our position that the instant proposal is consistent with Policy 4. As it relates to Policy 6.3.A.t: Protect and restore the quality and function of the Town of Southold ecosystem: "The proposed setback of the new structure from a wood bulkhead is 29feet; a minimum separation distance of lOO feet is required pursuant to Chapter §275-3. Findings; purpose;jurisdiction; setbacks. In addition, pursuant to Article XXIII Section 280-116 of the Town of Southold Town Code, a minimum setback of 75' is required from the bulkhead. Please require that the applicant amend the application to meet the above policy to the greatest extent practical." The instant proposal was approved by the Southold Town Trustees via Permit//6428, and therefore complies with Trustee regulations and recommendations as set forth in the Trustee permit conditions. §275-3 sets forth a jurisdictional boundary for wetlands of 100'. The position you have taken can not be sustained because if otherwise, every action of the Southold Town Board of Trustees would be inconsistent with the LWRP. Therefore, we maintain our position that the instant proposal is consistent with Policy 6. As it relates to Policy 5: Protect and Improve Water Quality in the Town of Southold: "Additionally, if the action is approved and to further Policy 5: Protect and Improve Water Quality in the Town of Southold: 1) Require erosion and sediment control (hay bales and silt fencing) during construction activities to protect wetland system. 2) Require gutters, downspouts and sub-surface drywells to control storm water runoff from all impervious surfaces. The submitted surveys prepared by Joseph A. Ingegno indicate staked hay bales and silt fencing, along with drywells (fed by gutters and downspouts) to contain all runoff from impervious surfaces. Therefore, we maintain our position that the instant proposal is consistent with Policy 5. In addition, the instant proposal was deemed inconsistent pursuant to the LWRP for the application process with the Southold Town Trustees. However, in this case, the instant proposal was inconsistent based only on its non-conformity with the Southold Town Trustee Regulations (Policy 6.3.A.1), and nothing else. In other words, there is no consistency between LWRP reviews of the same proposal. I have attached copies of both these determinations for your records. Kindly review the above information. We respectfully submit that the instant proposal is consistent with the Southold Town LWRP, and the determination of inconsistent should be reversed. If you have any questions, or wish to discuss this matter further, please don't hesitate to contact me. Thank you in advance for your cooperation in this matter. Encl. Cc: E. Daneri w/encl. Southold Town Board w/encl. Southold Town Board of Trustees w/encl. Southold Town Zoning Board of Appeals w/encl.