HomeMy WebLinkAbout1000-90.-4-17
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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
r
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: Ruth Oliva, Chair
Town of South old Zoning Board of Appeals
From: Mark Terry, Senior Environmental Planner
L WRP Coordinator
Date: November 29,2006
Re: Proposed Wetland Permit for Lee and Marie Beninati
SCTM# 1000-90-4-17
The proposed action has been reviewed to Chapter 275, Waterfront Consistency Review ofthe
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 restore tidal and freshwater wetlands.
A. 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
1. Comply with Trustee regulations and recommendations as set forth in
Trustee permit conditions.
The proposed setback of the I!aral!e to the wetland system is 51.5 feet. The proposed
setback of the pool to the wetland system is 66.7 feet: a minimum separation distance of
100' is required pursuant to Chapter 275. Please require that the applicant amend the
application to meet the above policy to the I!reatest extent possible.
Additionally. if the action is approved and to further Policy 5: Protect and Improye Water
Ouality in the Town of South old:
1. Require a sub-surface drvwell for the draininl! of the pool.
,
2. Require erosion and sediment controls (havbales, silt fencin!!) durin!!
construction activities to protect the wetland svstem.
3. Require !!utters. downspouts and sub-surface drvwells to control stormwater
runoff from all impervious surfaces.
Pursuant to Chapter 275, the Zoning Board of Appeals shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Office Location:
Mr
Mailing Address:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
November 1,2006
Mark Terry, Senior Environmental Planner
L WRP Coordinator
Planning Board Office
Town of South old
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. 5946 (Beninati)
Dear Mark:
We have received an application for an addition to a home on Sandpiper Basin in
Southold and shown on the enclosed map. A copy of the area map is also attached for
your use and reference. May we ask for your assistance in an evaluation and
recommendations for this proposal.
Thank you for your assistance.
Very truly yours,
RUTH D. OLIVA
~.
.~
. c~\'I~Q
~e \) 1..'\\'\\~
Town of South old 'ij\.,\ '}. ~p.\..s
T .WRP CONSISTENCY ASSESSME FORM of p.VV
A. INSTRUCTIONS G ~op.l'-O
1. All applicants for permits" including Town of ~o d agencies, shall complete this CCAF for
proposed actions that are subject to the Town of 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
Permit 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
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 Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 90
4 - 17
The Application has been submitted to (check appropriate response):
Town Board Planning Dept. Building Dept. Board of Trustees X ZBA
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, landtransaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit. approval. license. certification:
Nature and extent of action:
CONSTRUCTION OF 626 SQ.FT ATTACHED GARAGE AND SECOND
STORY ADDITION. INSTAllATION OF 14' X 20' INGROUND POOL.
REVEGETATION OF BUFFER AREA
LEE I. BENINATI & MARIE D. BENINATI
855 OAKWOOD DRIVE , SOUTHOLD
Location of action
Site acreage:
Present land use:
855 OAKWOOD DRIVE. SOUTHOLD
.57 A
SINGLE FAMILY DWELLING
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: LEE I. BENINATI & MARIE D. BENINATI
(b) Mailing address: P.O. BOX 235. SOUTHOLD. NY 11971
(c) Telephone number: Area Code 631-765-5333
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal
agency? YesNo
If yes, which state or federal agency? NYSDEC
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Sonthold that enhances commnnity
character, preserves open space, makes efficient use of infrastrnctnre, makes beneficial nse
of a coastal location, and minimizes adverse effects of development. See LWRP Section ill -
Policies; Page 2 for evaluation criteria.
Yes No Not Annlicable
The DroDosed action is to be conducted on an imDroved site. Construction of the
addition at this site is DroDosed in a manner consistent with relief aranted under
similar conditions. The DroDosed Dool conforms to the zonina reauirements.
Policy 2. Protect and preserve historic and archaeological resources of the Town of
Southold. See LWRP Section ill - Policies Pages 3 through 6 for evaluation criteria
Yes No Not Annlicable
The DroDosed Droiect is not located near any historic sites or districts.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See L WRP Section ill - Policies Pages 6 through 7 for evaluation criteria
Yes No Not Annlicable
The subiect site is develoDed with a sinale familv dwellina. Policv 3 has no
relevance to the DroDosed action.
LEE I. BENINATI & MARIE D. BENINATI
855 OAKWOOD DRIVE, SOUTHOLD
NATURAL COAST POLICIES
Policy 4. Minimize loss oflife, structures, and natural resources from flooding and erosion.
X!:!.No Not Applicable
The orooosed actions will be undertaken in accordance with current FEMA
standards. which address and orohibit conditions that are conducive to flooding
and erosion.
Policy 5. Protect and improve water quality and supply in the Town of Southold.
Yes No Not ADDlicable
The subiect site is develooed with a sinale familv dwellina. Policv 5 has no
relevance to construction of the orooosed addition.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Significant Coastul Fish and Wildlife Habitats and wetlands.
Yes No Not Applicable
The subiect site is develooed with a sinale familv dwellina. Presentlv. the
adiacent areas are in a condition that allows run-off into and siltation of the
wetlands. In coniunction with the orooosed construction. an extensive
reveaetation o/an is orooosed that will sianificantlv enhance the aualitv of the
wetlands. (see attached reveaetation o/anJ
Policy 7. Protect and improve air quality in the Town of Southold.
Yes No Not ADDlicable
It does not aooear that Policv 7 is relevant to construction of the orooosed
addition and 000/.
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes.
Yes No Not Applicable
The subiect site is develooed with a sinale familv dwellina. Anv solid waste. etc.
is disoosed of at the Town landfill. The orooosed 0001 will be constructed with
drywells to orovide for containment of anv backwash material that mav result
from its ooeration and maintenance.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands,
and public resources ofthe Town of Southold.
Yes No Not ADDlicable
Construction of the orooosed addition and 0001 will have no imoact on oublic
access to. and recreational use of. coastal waters. etc.
. .
LEE I. BENINATI & MARIE D. BENINATI
855 OAKWOOD DRIVE, SOlJTHOLD
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-
dependent uses in suitable locations. See LWRP Section ill - Policies; Pages 47 through 56
for evaluation criteria.
Yes No Not ADDlicable
It does not aDDea, that Policv 10 is relevant to construction of the DroDosed
addition and Dool on a residentiallv develoDed lot.
Policy n. Promote sustuinable use of living marine resources in Long Island Sound, the
Pecouic Estuary and Town waters. See LWRP Section ill - Policies; Pages 57 through 62
for evaluation criteria.
Yes No Not Applicable
It does not aDDea, that Policv 11 is relevant to construction of the Drooosed
addition and 0001 on a residentiallv develoDed lot.
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section ill -
Policies; Pages 62 through 65 for evaluation criteria.
Yes No Not ADDlicable
It does not aDDea, that Policv 12 is relevant to construction of the DroDOsed
addition and Dool on a residentiallv develoDed lot.
Policy 13. Promote appropriate use and development of energy and mineral resources. See
L WRP Section ill - Policies; Pages 65 through 68 for evaluation criteria.
Yes No Not ADDlicable
It does not aDDea, that Policv 13 is relevant to construction of the DroDosed
addition and Dool on a residentiallv develoDed lot.
Created on 5/25/05 11 :20 AM
sdN;Ti'Y 0;' PROPE,1?TY
nT SOUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NY
LANDWARD EDGE OF TIDAL _MHOS AS OEUNEA lED
BY SUFFOU< ENVIRONMENTAL CONSUlnNG, INe. ON
SEPTEMBER 19. 2005"
SCALE: 1" = 30'
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NOTES:
PLANTING AT \vEST SIDE
OF SITE TO REMAIN
MAINTAIN EXISTING
DRYwELLS AND ADD NEw
AS REQUIRED
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TAX MAP # 1000-90-04-17
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TWO SllIlY wooo FJWIE
""""""
TAX MAP # 1000-90-04-06
BENINATI RESIDENCE
SQUTHOLD, LONG ISLAND
SITE PLAN
DAlE: 06.01.06
SCALE: 1~ .. 3CI
I A001
.
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
JERlLYN B. WOODHOUSE
Chair
OFFICE WCATION:
Town Hall Aonex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Ruth Oliva, Chair
Town of Southold Zoning Board of Appeals
From: Mark Terry,
Senior Environmental Planner
L WRP Coordinator
Date: November 29, 2006
Re: Proposed Wetland Permit for Lee and Marie Beninati
SCTM# I 000-90-4-17
The proposed action has been reviewed to Chapter 275, Waterfront Consistency Review of the Town of South old
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 Southold 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 orooosed setback of the !!ara!!e to the wetlaod svstem is 51.5 feet. The orooosed setback of the 0001 to
the wetland svstem is 66.7 feet: a minimum seoaration distance of 100' is reauired oursuant to Chaoter 275.
Please reauire that the aoolicaot amend the aoolication to meet the above oolicv to the !!reatest exteot
oossible.
Additionallv. if the action is aooroved and to further Policv 5: Protect and Imorove Water Qualitv in the
Town of Southold:
1. Reauire a sub-surface drvwell for the drainin!! of the 0001.
2. Reauire erosion and sediment controls (havbales. silt fenci"!!:) durin!! construction activities to
orotect the wetland svstem.
3. Reauire !!ulters. downsoouts and sub-surface drvwells to control stormwater runoff from all
imnervious surfaces.
Pursuaotto Chapter 268, the Zoning Board of Appeals shail consider this recommendation in preparing its written
determination regarding the consistency of the proposed action.
Cc: Jim King, President Town of Southold Board of Trustees
'.
LEE I. BENINATI & MARIE D. BENINATI
855 OAKWOOD DRIVE, SOUTHOLD
Town of South old
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS 900Z 0 Z ADN
I. All applicants for permits. including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law.
This assessment is intended to supplement other information used ~y a Town of Southold agency
in making a determination of consistency. · Except minor exempt actions including Building
Permit 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
policy standards and conditions, it shall not be undertaken.
A co~y of the LWRP is available in the following places: online :r.,1I'i,-~:; ~fSOtrthOld'S-:~;77~'~,. '
webslte (southoldtown.northfork.net), the Board of Trustees Offi~, nt' - - .
local libraries and the Town Clerk's office. f: 0 IE ~ IE ~ '(',1
B. DESCRIPTION OF SITE AND PROPOSED ACTION · I
NDV222006 -!
SCTM# 90
4 - 17
The Application has been submitted to (check appropriate re nse): Southold Town . j i
Pls:1iw"," 2o~rd ~ I
Town Board Planning Dept. Building Dept. X Boat~.~!!~ste~ , ~ ZBA ._.---::1
1. Category of Town of South old 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. aDDroval. license. certification:
Nature and extent of action:
CONSTRUCTION OF 626 SQ.FT ATTACHED GARAGE AND SECOND
STORY ADDITION. INSTALLATION OF 14' X 20' INGROUND POOL.
REVEGETATION OF BUFFER AREA
-
lEE I. BENINATI & MARIE D. BENINATI
. 855 OAKWOOD DRIVE, SOUTHOlD
Location ofaction
Site acreage:
Present land use:
855 OAKWOOD DRIVE. SOUTHOLD
.57 A
SINGLE FAMILY DWELLING
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: LEE I. BENINATI & MARIE D. BENINATI
(b) Mailing address: P.O. BOX 235. SOUTHOLD. NY 11971
(c) Telephone number: Area Code 631-765-5333
(d) Application number, if any:
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
PoUcy 1. Foster a pattern of development in the Town of Southold that euhances community
character, preserves open space, makes efficient use of infrastructure, makes beneficial use
of a coastal location, and miDimizes adverse effects of development. See LWRP Section m _
PoUcies; Page 2 for evaluation criteria.
Yes No Not Aoolieable
The orooosed action is to be conducted on an imoroved site. Construction of the
addition at this site is orooosed in a manner consistent with relief aranted under
similar conditions. The orooosed 0001 conforms to the zonina reauirements.
Po6cy 2. Protect and preserve historic and archaeological resources of the Town of
Southold. See L WRP Section m - PoUcies Pages 3 through (I for evaluation criteria
Yes No Not Aoolicable
The orooosed oroiect is not located near anv historic sites or districts.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See L WRP Section m - Policies Pages (I through 7 for evaluation criteria
Yes No Not ADolieable
The subiect site is deve/ooed with a sinale familv dwellina. Policv 3 has no
relevance to the orooosed action.
'"' . .'
. LEE I. BENINATI & MARIE D. BENINATI
855 OAKWOOD DRIVE, SOUlliOI.D
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion.
Yes No Not Applicable
The orooosed actions will be undertaken in accordance with current FEMA
standards. which address and orohibit conditions that are conducive to floodino
and erosion.
Policy 5. Protect and improve water quality and supply in the Town of Southold.
Yes No Not Applicable
The subiect site is develooed with a sinole family dwellino. Policy 5 has no
relevance to construction of the orooosed addition.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Significant Coastal Fish and Wildlife Habitats and wetlands.
Yes No Not Applicable
The subiect site is deve/ooed with a sinole family dwellinG. Presentlv. the
adiacent areas are in a condition that allows run-off into and siltation of the
wetlands. In coniunction with the orooosed construction. an extensive
reveaetation olan is orooosed that will slanificantly enhance the Gualitv of the
wetlands. (see attached reveaetation olan)
Policy 7. Protect and improve air quality in the Town of Southold.
Yes No Not Applicable
It does not aooear that Policy 7 is relevant to construction of the orooosed
addition and 000/.
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes.
Yes No Not Applicable
The subiect site is deve/ooed with a sinGle familv dwellino. Any solid waste. etc.
is disoosed of at the Town landfill. The orooosed 0001 will be constructed with
drywells to orovide for containment of anv backwash material that may result
from its ooeration and maintenance.
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.
Yes No Not Applicable
Construction of the orooosed addition and 0001 will have no imoact on oublic
access to. and recreational use of. coastal watelS. etc.
......
.
. LEE I. BENINATI & MARIE D. BENINATI
855 OAKWOOD DRIVE . SOUTHOLD
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-
dependent uses in suitable locations. See LWRP Section ill - Policies; Pages 47 through 56
for evaluation criteria.
Yes No Not Aoolicable
It does not aODea, that Policv 10 is relevant to construction of the orooosed
addition and 0001 on a residentiallv develooed lot.
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peeonic Estuary and Town waters. See LWRP Section ill - Policies; Pages 57 throngh 62
for evaluation criteria.
Yes No Not Applicable
It does not aODea, that Policv 11 is relevant to construction of the orooosed
addition and 0001 on a residentiallv develooed lot.
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section ill _
Policies; Pages 62 throngh 65 for evaluation criteria.
Yes No Not Aoolicable
It does not aooea, that Policv 12 is relevant to construction of the OroDOSed
addition and 0001 on a residentiallv develooed lot.
Policy 13. Promote appropriate use and development of energy and mineral resources. See
L WRP Seetion m - Policies; Pages 65 through 68 for evaluation criteria.
Yes No Not ADDlieable
It does not aODea, that Policv 13 is relevant to construction of the oroDOSed
addition and 000/ on a residentiallv dave/oDed lot.
Created on 5/25/05 11 :20 AM
SURVEY OF PROPERTY
AT SOUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N Y
LANDWARD EDGE OF TIDAL M:1lANDS AS DEUNEA lED
BY SUffOlK ENVIRONMENTAl CONSULTING. INC. ON
SEPTElABER 19. 2005.
SCALE: 1"= 30'
NOTES:
PLANTING AT W'EST SIDE
OF SITE TO REMAIN
MAINTAIN EXISTING
DRYW'ELLS AND ADD NEW'
AS REQUIRED
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TO REMAIN
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TAX MAP # 1 000-90-04-06
TAX MAP # 1000-90-04-17
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of/o
A=WETLAND FLAG
Elevations referenced to N.G. V.D.
(;.0
AREA=24) 704 SF.
TO TIE LINES
~
BENINATI RESIDENCE
P~~k, ~ Ph.~ft.
SITE PLAN
BADE STAGEBERG COX
A R C H I T E C T S f31VARIC>>l:STFEEt' T:21~~
_~<~'oo" "'''.-on
SOUTHOLD, LONG ISLAND
I A001
DAlE: 06.01.06
SCALE: 1" = 3J:1