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Home My WebLink About1000-123.-6-14 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James Dinizio, Jr., Chair ~pe~~ Town of Southold Zoning Board of A From: Mark Terry, Principal Planner ~x~ v LWRP Coordinator Date: May 14, 2007 Re; Proposed Wetland Permit for Eugene Daneri SCTM# 1000-123 -6-14 The proposed action has been reviewed to Chapter 268, 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 4: Minimize loss of life, structures, and natural resources from flooding and erosion. I 4.1 Minimize losses of hUman life and structures from flooding and erosion hazards. The following management measures to nfinimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. Note that the maioritY of the property is located in FLOOD ZONE AE Elevation 8; the property located iust seaward of the proposed house and porch is Flood Zone VE: Coastal Flood with Velocity Hazard (wave action). A recent storm in this 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 ATTACHED AERIAL PHOTO. I Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater 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 I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback of the new structure from a wood bulkhead is 29 feet; a minimum separation distance of 100 feet is required pursuant to Chapter § 275-3. Findings; purpose; iurisdiction; setbacks. In addition, pursuant to Article XXIII Section 280-116 of the Town of Southold Town Code a minimum setback of 75 feet is required from a bulkhead. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. 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 controls (hay bales, silt fencing) during construction activities to protect the wetland system. 2. Require gutters, downspouts and sub-surface drywells to control storm water runoff from all impervious surfaces. See aerial photo below. Pursuant to Chapter 268, the Town of Southold Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6029 (Daneri) Dear Mark: We have received an application for demolition and reconstruction of a single family dwelling on Peconic Bay in Mattituck and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES DINIZIO, JR. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial perrnits 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). 3. 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 I~WRP policy · standards and conditions, it shall not be undertaken. . ........ ' ._ .~-~-~ ~ A copy of the LWRP is available in the following places: olil!ia~n~ 0t'Southold'si,w~site (southoldtown.northfork.net),, the Board of Trustees Office,~lli~]~ahhing Department all local i \ libraries and the Town Clerk s office. \~ ~ , ~ ~,~ , B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 123 6 14 The Application has been submitted to (check appropriate response):' · . TownBoard [] Planning Dept. [] BuiidingDept. [] 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: Nature and extent of action: Applicant proposes to demolish existing functional dwelling, existing delapidated accessory wood frame structure and existing shed and construct a 46.2' x 60' story three bedroom frame dwelling (with 10' x 53' pomh 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: 200 Private Road 17 (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 developmeng 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. Sec 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 existin.q conditions on the lot. This improvement is not only in the livinq conditions, but also in the use of the lot area. The proposed dwellinq is located more landward of the situate wetlands than lhe existinf:l dweilina. The proposed sanitary system is also up lo current code. The proposal will also involve the demolition of a dilapidated accessory structure. Accordinglly, 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 IH - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject lot and lhe surrounding neiqhborhood cannot be deemed a substantial historic andJor archaeoloqical 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 surroundJn.q area is currently comprised of properties improved with dwellings of similar size and scope as the one proposed. Scenic resources, assumedly views af Great Peconic Bay, are not at risk due ta the fact that there is an existin.q dwellinq at subject parcel and the proposed dwellina is located in approximately the same location on the lot. Accord/noir, 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 wiJl 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 flooding and erosion. Accordin.qly, 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 wilJ maintain the quality of the surrounding ecosystem in that the existingl dwellinq has been located at subject parcel for years without adversely affectina the surroundingl ecosystem. The proposed actions will move the dwelling 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 Subiect proposal is not applicable in that the proposal is simply to improve subiect property with a new dwellinq and sanitary system which will not result in any farm af adverse effects to air quality. Accardinqly, this proposal is not applicable 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 Subject proposal is not applicable to this policy in that the proposal is attendant to a private property. Reqardless, this praiect will not impede any access to the surface waters in and around subiect property and/or become detrimental to the recreational use of the surraundin.q resources. A~ach 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 li.e. water recreation) is bein.q 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. Accordinqly, this proposal will comply with Policy 10. At~ach 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 Applieable Subject proposal is not applicable in that the proposal does not involve any form of marine resource mana.qement li.e. commercial fisheries, recreatianal 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 Subject proposal is not applicable in that the proposal does not involve aqricultural lands (i.e. the conversion of farmland, the establishment andJor maintenance of new coastal a.qficuJtural 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 enerqy resources on a commercial level and/or the promotion of alternative enercly sources, orooer maintenance of fuel storaqe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 9/7/2005 ~ I O:OOAM p£coNIC COUNTY OF SUFFOLK (~ j~J §OUTHOLD ~ Pt'op~ y lax Service AO6~Zy I '~ I ~ ~ 123 I' 0 LOT COVERAGE DATA EXISTING PROPOSED EXIST, HOUSE 820 ~q ft. 2,0~ PROPOSED HOUSE EXIST, HOUSE 1,142 sq. fi, 2.8~ ~NCLUDINO PORCHES) 5,049 sq, fl, 7,5% ITOTAL sq, B.I~ I VACANT N/o/~ PZILLIAM R, LASCELLE ~; ELIZABETH L ~ZCH~RD$ S 89'08'00" E CERTIFIED TO' KATHERINE DANERI Z SURVEY OF PROPERTY SITUA TED A T MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S,C. TAX No. 1000-123-06-14 SCALE 1 "=30' JUNE 20, 2006 AREA 40,505.94 sq, fi. -i NO TES 8. 8' DIA X 4' DEEP 1 ELEVATIONS ARE REFERENCED TO N.G,V.D, 1929 DATUM EXiSTiNG ELEVATIONS ARE SHOWN THUS: , EXISTING CONTOUR LINES ARE SHOWN THUS' 2. ANY WETLAND DOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION BY NEW YORK STATE AND/OB OTHER REGULATORY AGENCIES. S, MINIMUM SEPTIC TANK CAPACITIES FOR 3 BEDROOM HOUSE iS 1,OOO GALLONS. 1 TANK; 8' LONG, 4'-3" WIDE, 6'-7" DEEP GPROPOSED LEACHING POOL ~;~;,"j PROPOSED SEPTIC TANK 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD APPROVED B?' BOARD OF TEL;L,,...¢ TOWN OF SOUTHOLD DATE TEST HOLE DATA EL ZONE AE (EL 8) 10' S 84 29 g 67.18' PROPOSED SEPTIC SYSTEM DETAIL LEAC G O0 Joseph A. Ingegno Land Surveyor PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RI6HT OF WAYS 2. fi.181B