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HomeMy WebLinkAbout1000-67.-4-20.6 WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 South old, NY 11971 " PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE LOCATION: Town Hall Annex 54375 State Rou te 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 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 18, 2005 Re: Request for Wetland Permit for Allen Kraus SCTM#1000-67-4-20.6 ALLEN KRAUS requests a Wetland Permit to construct a 28'X 60' single-family dwelling, on- site sewage disposal system and pervious driveway. Located: 110 Second Ave., Peconic. SCTM#67 -4-20.6. THE TAX MAP ON THE SURVEY IS INCORRECT. The structure is located in the AE elevation 11 flood zone. The lowest proposed elevation of the structure is approximately 7' NGVD. Surface and subsurface hydrologic flow is expected to be towards Second Avenue. THE LOCATION OF THE PERVIOUS DRIVEWAY APPEARS TO BISECT WETLAND VEGETATION IN AN AREA THAT THE 2001 AERIAL PHOTOS SHOWS ALSO AS FLOODED (ATTACHED). ADDITIONALLY THE DRIVEWAY IS LOCATED OVER A DRAIN PIPE NOT ON THE SUBJECT PROPERTY. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review ofthe Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) 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 adjacent properties and require any necessary amendments to make the action consistent with the L WRP. 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: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. .. Pursuant to Chapter 46 of the Town of Southold 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. 2. Additionally, pursuant to Chapter 46 of the Town of South old 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 Southold for all costs related to the final map revision. THE APPLICANT HAS NOT DEMONSTRATED THE ABOVE AND SHOULD BE REQUIRED TO DO SO. 3. The proposal does not show erosion and sediment controls (haybales, silt fencing) for the non-disturbance area during construction. 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. .. f~C>~J --- vr~\~ ~ ~t~~\\~ '. , " ......- ~$r: Mi": Town of Southold L WRP CONSISTENCY ASSESSMENT FORM c c,r? L C \,..c A. INSTRUCTIONS L 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 South old 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 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 web site (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# /1000 - 1.07 - '-/ - 20. b The Application has been submitted to (check appropriate response): Town Board G Planning Dept. G Buildiug Dept. G Board of Trustees ~ I, 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) G G (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ~ Nature and extent of action: /' ~_J ~ . 1- f 5 LIj,v7V/LlALttOrJ ~ / IV JW~L-LJN'a=-) ;;2gJ >).. ~D '; d-i SpoS,A L Vf(Z"h(J--lA 5> ) , 0"-' - si~ 5EWI"\..Cj ~ ~ 2) 12 I V'C. W4L/ I '. " Present land use: J / 0 ;;2 ~ /JV~(\J vH~. . I / f6, iJCf5" JjJ. I y.N-AN-f 1--YO fr C()N;C Aly I Location of action: Site acreage: Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: e: "^ ; L 4~ F: f'J" k f<1t- vt ~ . . /lf5' i+ ( c k. > >fru'c ref. A -5t.f I ~{')tlviAtrJ (N 'i I J 20 f (c) Telephone number: Area Code ( ) 7116 - r9 2-- Lf~ 5 I 96 (a) Name of applicant: (b) Mailing address: (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 5a No D If yes, which state or federal Jigency? -V ~ c --- ~piUWJ tjiZA N If ~ <"- frvr5uvV'<vMIL [,N' 't (.-{.A/oJ~:') P 'iCZ,~rf DEVELOPED COAST POLICY JJ:: 1- 4n <6 - oz./tB~ I co Of) I 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. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria r:;g Yes G No 0 Not Applicable Co Nt, h . RL t:4-t2-L ~ L/V' "IIN 4-t2-' c x " Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resonrces throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria G Yes G No ~ Not Applicable 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 ~ Yes G No G Not Applicable '8~cJ,INd- tv-~U .b'c.~ [)N o f N I NIl -L.-'L- 05>5> . G/\..i- I ~ NO 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 ~ Yes G No GNotApplicable V/(t ~1:J~+t~ A-~tV~~~/f}/:;fA/~tri20;t:r;:12- ~ ~ , 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. ~ Yes tL+. s J-... .. Attach additional sheets if necessary Policy 7. Protect and improve air quality in tht; Town of Southold. See L WRP Section III - Policies Pages 32 through 34 for evaluation criteria. G Yes GNO~ Not App!icable . <. . , , 511'J--'ll~ - -In VVt 17J j7G<t: '7 (Cf! [-NC'e ' Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~Yes D No G Not Applicable. . W-~ <7, ltV -+J 'C: 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. G YeD No ~ Not Applicable j'J'&+- dAlZC-C+~A C~ //1 {'-r/V'Y-- 7'2> C0,-'t5-faJ, W<1ffi2: '> . tV. / Y(A.,b fA ~ /lNrJ S 6J-YL PiA-fa fA... c.... {Lf >O-/A I2..C'r S ~ 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 L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. G Yes D No ~Not Applicable '. . ('JrJf' /l-d;/tc fV+--!o . v 56-0 rJ'J ( {3 -4</1.- trvL Cf2 E c k> ~ (J 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 L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Gyes 0 NO~NotAPPlicable fV'&.f- /1-c1J /LCz- roJr 7'V SOV{rvrJ .8~ OYL- {ie-hItS. / Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. GYes 0 NO~NotAPPlicable lUG 1t'1{2-ICvJ~~ 1/1lVrX )Nvtt{U'Tr!", 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. ~Yes 0 No G Not Applicable Created on 5/25/05 11:20 AM SURVey OF LOTS 75, 7'1, 10'1 4: 110 "MAP No.2, PECONIC SHORES" FILED SEPTEMBER IB, I<tBO FluE No. 654- SITUATe: PECONIC TOI^lN, SOUTHOLD SUFFOLK COUNTY, NY SGTIt 1000-61-4-20.3 a 20.4 SURVEYED 12-10-01 AMENDED 10-31-02, 11-18-02 01-08-03,01-15-03,01_22_03 C.ERTIFIED TO. E. ALLEN KRAUS GOMMONl^IEAL TH LAND TITLE INSURANCE COMPANY AREA", 18i'A5 SF OR 0.43 ACRES ELEVATIONS REF. N6VO '2<:1 DY'lELLIN0 VACANT L..,;t of f~~~~~~~_~.t~~.~ ,,-} PROPERTY 15 IN ZONING DISTRICT R-4Q BUILDING> ENVELOPE BASED ON ZONING FOR NONCONFORMING LOTS FEMA MAP NUMBER 36103GOlbl 6 EFFECTIVE DATE MAY 4, IClClB / , ' AUTUMN LAKE 15 INFLUENC,ED BY AN UNDER6ROUND/' / / ~ PIPE It'lHIGH CONNECTS TO GOLDSMITHS INLET '_ _ / ~ AND CpNTAINS SALT WATER SPECIES 0'''"''' !$J.J:e. , ~" NOTES: . MONUMENT o PIPE _~/~'i:-(>~ ::n::P1't!::';;-tH-f V4ELL FRO!' DRAIN" BOX . --o.---'~~'~ ,NO $L I ,., / -~~I-- ,'/6, $? 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(el-- / ,rr'''m Y"\ , - foe \ G- """"", I.iJ / '---- \ .J ~ ..~.':o.~ ~o :~~ / [f] 8} ~//~// , (1)/ / - / / / / Q " m r r Z ~ Test Hc:e 12-1-01 McDONAL:=J 6EOSGIE~CE r=l ,~ , i ~. ! ~i ~: ~ 00 00 ~.- < )> " )> z ~ I~~ D. 654":3Z56'W oo.8Cf/ / V ~,CA~, / " / / , , / LOT lOB '- ') A"Qf . -:- C. LOT 107 ~=c.~ JOHN C. EHLERS LAND SURVEYOR N.Y.S. LIe. NO. 50202 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369--8287 REF.~\\Hp server\d\PROS\Ol-312I.pro ------",;;."."<>,,.~-w;,-=,.,;~'"__""v.-.-