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Home My WebLink About1000-53.-3-9 WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 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 MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of South old Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: October 17, 2005 Re: Request for Wetland Joan McDonald SCTM#1000-53-3-9 JOAN McDONALD requests a Wetland Permit to construct a single-family dwelling, porch, garage, driveway and sanitary system. Located: 705 Bayshore Rd., Greenport. SCTM#53-3-9 The proposed structure is located in "Flood Zone AE Zone Elevation 8", an area of Special Flood Hazard. The parcel proposes public water supply. Pipes Creek is a listed New York State Critical Environmental Area. 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 following Policy Standards and therefore is INCONSISTENT with the LWRP. The Board should assess any adverse impacts to the Critical Environmental Area and adjacent properties and require any necessary amendments to make the action consistent with the LWRP. The following 1. The proposal does not support Policy 4.1 "Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 5. Manage development in floodplains ontside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. ,. CONSIDER RELOCATING THE STRUCTURE TO THE MAXIMUM SETBACK AND OUTSIDE OF THE "AE 8" FLOOD ZONE TO THE GREATEST EXTENT POSSIBLE. 2. Note that the proposal includes a retaining wall and the placement of fill from 8' NGVD to elevation 12' NGVD. THE ELEVATIONS OF THE ADAJACENT PROPERTIES TO THE EAST AND WEST WILL BE SIGNIFICANTLY LOWER THAT THE SUBJECT PARCEL POST FILLING. Surface runoff is expected to flow to the lower elevations. Pursuant to Chapter 46 of the Town of South old Town Code, FEMA Flood Insurance Rate Map (FIRM) and the Flood Insurance Rate Map for Suffolk County, New York; THE BOARD SHOULD HAVE THE APPLICANT DETERMINE WHETHER ANY PROPOSED DEVELOPMENT/GRADE CHANGES IN AN AREA OF SPECIAL FLOOD HAZARD MAY RESULT IN PHYSICAL DAMAGE TO ANY OTHER PROPERTY OF LOWER ELEVATION. 3. Additionally, pursuant to Chapter 46 of the Town of Southold Town Code: C. Encroachments. (1) Within Zones Al - A30 and AE. on streams without a rel!ulatorv floodwav. no new construction. substantial improvements or other development (includinl! fill) shall be permitted unless: (a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any location; or (b) The Town of South old agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of South old for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of South old for all costs related to the final map revision. THE APPLICANT HAS NOT DEMONSTRATED THE ABOVE AND SHOULD BE REQUIRED TO DO SO. 4. Although stated in the permit application and on the L WRP CCF; the proposal not show erosion and sediment controls (haybales, silt fencing) for the non- disturbance area during construction. 5. The proposal does not support Policy 5, no surface water quality protection measures are proposed or shown for areas generating runoff (gutters, downspouts, dry wells and pervious driveways). Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. \ s.~ f'I\.r .r .. 'l'oWD'of,Soll.thoId LWRP CONSI TENCY ASSESSMENT FO ~ T1 SEP 2 1 2005' ~ I r A. INSTRUCTIONS 1 All applicants for permits" including Town of Southold agen 'eg, shallJ~~lJjJ~~s CCAFi for proposed actions that are subject to the Town of South old WaterfrOn onS1S ency eVlew a. 's a9sessment is intended to supplement other infolUlation used by a Town of Southold agency in . making a deteffilination of consistency. >I< Except minor exempt actions including Building Pennit:J and other min~vterial pemlits not located within the Coastal Erosion Hazard A rea. 2. Before answering the questions in Seotion C.. the preparer of tbis form should review the exempt minor action list, policies and explanations of eacb policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its dgnific<lnt' beneficial and adverse effects upon the coastal area (which includes all of South old Town). 3. l[any question in Section C on this fOUll is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. TIllL9, the action should be analyzed in more detail and, if n.ecessary, modified prior to malting a detoUllination that it is consistent to the maximum extent practicable with the LWRP policy starJdards and conditions. If an aotion cannot be certi.fied 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 South oJ d's website (southoldtown.northfork..tlct}, the Board of Trustees Office, the Planning Depmirnent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF srm AND PROPOS.ED ACTION - SCTM#053.00 . 03.00 - 009.000 Tbe Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees [!] 1. Categoiy of Town OfSollthold agency action (check appropriate response): (a) Action undertaken directly by town agency (e.g. capital cOllstmction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grallt~ loan, subsidy) o o (c) Permit, approval, li~ense;certificatioIl: o Nature and extent of action: Wetlands P~rmit, Building Permit for Construction Single..Fami~~ .' ,.. ," . Locatio11 of action: 705 Bay Shore Road, Greenport, New York 11944 Site acreage: 0.49 Present land use: vacant lot Pi"esent zoning classification: 2. Iran application for the proposed action has been filed with the Town of Southold agency, the following infohnation shall be provided: (a) Name of applicant: Joan McDonald (b) Mailingaddress: 209 East 66th Street. #6B, New York, NY 10021 (c) Telephone number: Area Code ( ) (d) Application number, if any: Yes [IJ NoD Will thc action be directly undertaken, require funding, or-approval by a state or Cederal agency? If yes, which state or federal agency? NYC DEC (approved) 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. DVes ~ No 0 Not Applicable This is a single family residence to be constructed on an existing road and consistent with the Southhold Town Code and coastal policies. Altach ij.dditional sn.et. if necessary Policy 2. PI'otect and preserve historic and archaeological resources of the 'l'o.wn of Southold. See L WRP Section In - Policies Pages 3 through 6 for evaluation criteria DYes I2J No 0 Not Applicable No historic or archaeological resources of the Town will be affected. ~_ ill_-:=-_;!-_eJ.:n ---~~.~:l--~~~~-t.,"il'--\iii~~~c~:;,.~- ~____ ~~~~ ~~~:--\---~41-/ 1/ /-: lJlll'f04cEO + " \ ,/ / / .72 "'.... .~__ 563 \. \ \ ",'" I , '" -- " ' -- 6':';'7 ~...., ,----5-: / / ~ q" ' / I .- cj;\ g -l'Icm.;..Q1Sn)RBANCE\ ~yl>f'ER / '3 i<~ l ~ ",l/-'-\~'/ 0'1. \ \8. /+7.09 '6, H.\56 ~// \ .1/\ r _- ~ _ _ --o---:V---t-~- r:--/ \: " --O'l -..i \ \ \ \ \ \ \ \ \ 40 ~ J> '6 '3 ? ~ -- ? o 0- "'~ o 0- ~ '" <"0 0-0 ~ o , -ro ):r~ o . \ (o~e\\111g W"lttl) pJ:>\iC water \ " PIPES CREEK N 89'58'00" E 52.39' G ","I'll.O~\IoI"'It: n(\J\'l(~~"",,o..R',( H\(;l-\ VI" .. I:. II 79'00'09 48.42 -.y-.(;B -- _/+7.36 <fl ~ o 6 '" <5 o . ,r , <" +7.76 +8.37 ,- o ,.. (J' 10.26 12.59 12.~ \ \ \ \ \ \ ~ .... ..... "'. 495_'" , ' , , B",i S\19RE , 12.~ ..-..... ..........---- ---- ........-- ...__ ;To~-;; ..,.,'\Ell. I.l~t< _.....,;.;;.w"-'lt \ \ \ \ \ \ \ \ (o.,o;1\\Og) \ \ \ \ \ \ \ """ \ 40 ~ J> '6 '3 ? ~ C) ~ "'~ o 0- \ \ \ \ 9.21 +9.69 \ BO\lNO,o..R'l' ut<~ flRt.I ~OH( ~()I.l floOO />.5 sCM.(O RAn: \lAP \ ',\NSI.lR/l.l>lCE- \ \ \ \ ~ <D <D '" "'. 10.7 PIP(fQlltlO -O-UL20 10.19 +10.72 .........- .......- 9.30 """ \ \ \ \ \ (OVl1\\09) \ \ \ \ \ \ \ \ \ \ El=11.J EL=2.J lEST HOLE BROWN LOAMY SAND ""'TH HEA\lYGRAVEL (SM) BROWN FlNE TO COURSE SAND'MTH HEAVY GRAVEL ''') WATER IN BROWN FlNE TOCOlJRSE SAND WITH HEAVY GRAVEL (SW) 0,0' J.O' 9.D' 17.0' 1 400 Ostrander Alden .... Haw, Thomas HEA . SUBDIVISION MAP FILED IN THE OFFICE MAY 12, 1933 AS M . VERTICAL DA ruM . FLOOD INSURANC DATED MAY 4, 1998 . APPROXIMATE VC THE PROPOSED IMPF . APPROXIMATE LE l SUR' . WE HEREBY CE WA.SHINGTOr COMMONWEt COMPA.NY THp ACCORDANCE "^,,TH ADOPTED "BY THE PROFESSIONAL LM ~). HOWARD W. YOUNG, .JOAN .. AMENDED M! At Arshan Suff County Tax Map BUILDIN ~ W ~ SEP OMEN OMEN OMEN OMEN AM OMEN PAR 0 GENERA i 1 O/\/'IERA Gr~RA GENERA SO" 800'_ = 30' JOB NO. 2001-0504 OWG. 2001_0504 ~p , Attach additional sheets ifnece~sary . , Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill- Policies Pages 6 through 7 for evaluation criteria o Yes fa No 0 Not Applicable The design for the house is compatable with the surrounding neighbors and is ~esigned to minimize structural components. Attach additional ahee\.j if necessary NATURAL COASTPOLJCIES Policy 4. Minimize loss of life, structures, and natural resources from floodin.g and erosion. See LWRP Scction III - Policies Pages 8 through 16 for evaluation criteria DYes:0 No 0 Not Applicable This" project is copsistent with the Southhold Town Code>-..fulli.thhoLd~ocal.__.__ W~terfront Revi~~lizat~on policies, Town Wetland reQ1l1ation~ ~TIrl NV~ n~r U~~l~nn~ Regulations "-'_.'- Altaeh additiolla) shects if occe;sary ---'--"- Policy 5. Protect and improve '''llter quality and supply in the Town of Soutbold. See LWRP Section III - POliciesuPages 16 through 21 for evaluation criteria - DYes &2J No DNot Applicable ,-Eplican~_, supplx~ng s:i}t screens and hay bails ,~urinl;\ construction __. -"-. -'-.-., - , Attach additi anal aheets if necessary Policy 6. Protect aud restore the quality and function of the Town of Southolcl ecosystems including Significant CIIlstal Fish and Wildlife Habitats and wetlands. See LWRP Section III _ Policics; Pages 22 through 32 for evaluation crite-ria. DYes [23JNoO NotApplicable Project will have no significant impact on ecosystem including coastal fish and wildlif. habitats and wetlands, due to provision of adequate setback trom shoreline with structures and sanitary treatment sysLem. .., . .~ Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III _ Pollcie! Pages 32 thrOllgh 34 for evaluation criteria. DYes -g]NoD Not Applicable ,Project will not adversely imEact air quality. All construction equipment and utilities will perform consistent with State and Federal Environmental Laws. Attach additional sheets if necessary ~ Policy 8. Minimize environmental degradation in Town of SouthoJd from solid waste and hazudous substances and wastes. Sec L WRP Section III - Policies; Pages 34 through 38 for evah,ation criteria. DYes IZiI No GJ Not Applicable ----- PUBLIC COAST POUCIES Policy 9. Provide for public access to, aud recreational use of, coastal waters, public lands, and public reSOUI"Ces of the Towll of Southold. See LWRP Section III - Policies; Pages 38 through 46 fOI" e-valuntion criteria. o Yes 0 No 0 Not Applicable Private pro~erty provides no public access. ~-- Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependeDt uses in ,suitable locatious. See L WRP Section III - ,Policle-~; Pages 47 through 56 for evaluation criteria. DYes [Z] No 0 Not Applicllble This project is consistent with Town and State Wetlands Regulations. " I . Attach additional sheets if nece88llIy 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 evaluatioll criteria. DYes GJ No 0 Not Applicable The home will be sufficiently setback to prevent any impact ...---- ~Q shoreline or wetland resources. - Altach additional sheets if ncccssalY Policy 12. Protect agricultural lands in the Town of South old. Sec L WRP Section III _ Poncies; Pages 62 through 6$ for evaluation criteria. DYes 0 NaG] Not^pplicahle --..-.. "'-"'-.. '~-"--,-_., "-'--""-- -.----.. "-'-""'""--'---''-'--. -', Altach additi.,maJ SJ1~Cts if nccos""I'Y ------.--.. ---" Policy 13. Promote appropl"iate Use and develOpment of energy aud mineral Section III-Policies; Pages 65 through 68 for evaluation criteria. DYes 0 No 0 Not Applicable resources. See L WRP . ~ -"-.' Created on 5125105 11:20 AM