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Home My WebLink About1000-123.-4-6 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 MEMORANDUM To: From: James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator Date: July 17, 2007 Re: ZBA File ReP. No. 6053 (Peters) 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 exempt from review pursuant to Chapter 268-3, F. Exempt Minor Actions, item F which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-2006] Attached is the June 16, 2007 LWRP Inconsistent recommendation prepared for the Board of Trustees. A permit was issued by the Board of Trustees for the action on June 21, 2006. Therefore, the issuance of the permit for the action complies with Policy 6.3, A, 1. Attachments MT/I~c PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Cha/r KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF $OUTHOLD MAH/NG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Boute 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: James King, President Members of the Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: June 16, 2006 JUN 1 6 2006 Re: Proposed Wetland Permit for DOROTHY DICKER. SON PETERS SCTM#1000-1234-6 En-Consultants, Inc. on behalf of DOROTHY DICKERSON PETERS requests a Wetland Permit to construct a two-story, one-family dwelling with attached garage, deck, and steps; install a drainage system of drywells; and establish a 50' non-disturbance/non-fertilization buffer adjacent to the wetlands boundary. Located: 2280 Deep Hole Dr., Mattituck. SCTM#123-4-6 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Soutbold 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. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all ,4ndros Patent and other lands under their jurisdiction l. Comply with Trustee regulations and recommendations as set forth in TrUstee permit conditions. The nroDosed residence from a freshwater wetland is I~roDosed at 75 feet~ a ,,,:.,',, um separate,,, distance of 100' is required Imrsna~? to Chanter 97. Please reauire that the annlicant amend the application to meet the above Dollc¥. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Board Of $outhold Town Trustees SOUTHOLD, NEW YORK $ CTM~! 123-4-6 DOROTHY DICKERSON PETERS ........................... ISSUED TO ...................................... ~' .......................................................... Pursuant to the proYJ$ions o{ Chapter 6l~ State of New York, 1893: and Cl~ptpr..404_ o.f the .L~.ws of.t~e the. - · -- · '~". -nd the So~t~old /o~m State ot ,aw .orr ,,~-, - L OF:~BST~,U an~..t~ IN AND ON TOWN WATERS AND I~JBLIC;. lANDS · OVAL OF SAND, GRAVEL..O,R, OTH,ER RE~( · ..' and ,n a~cordan~e ~vl~h'tho LANDS .UNDER TOWN WATERS,~.. P. esolufion of The Board adopted et a meeting · ~.~.0.6.. and in eqnsideratlon of the sum of $......~_0. ~p.0. _ paid by ~f Ma~tituck ' ' .. N. Y. and subjeot ~o the Terms end Conditions hsted on the reverse d~le hereof, of Soufhold Tow~ Trustees authorizes and perm. lts the following:. Wet,and permi~ to conm~uct ~ two-story, one,emily dwelling Wflh aU~c~Aed ggrage, deck. end staPsl Install a drainage ~y~tam o~ d~fwells: mnc~ establish ~ ~0' non-~isturbanc~non- fe~Ulizatloe b~ffer adjacent to the we~mnc~ boundary w~th a 4' w~de path, and as depio'ted on the $tta plan pmparecl by Stantey ~. Isak~en. J~. test d~ted Apres 20,200G. aJ' in ·a~ordance wlth the detaffed ~pedfi~aflons as presented in .the odglnefing appllcaflo~- st~ WITNESS WHEREOF, The said .Board. ~.f Trustees ~- b~ su~sortbed by 'e meiorflY ot t.e se.a ~.,. N/$ OF DEEP HOLE DRIVE DEEP WAT R ~w~ HOLE DRIVE RAV'T ELEVATION 10 NON-FERTII (DO c~cn 33L. /N 73'~5'35"W nE U~E 129.58' DEEP HOLE CREEK TEST NOLE DONE BY McDONALD GEOSCIENCE SOUTHOLD. N.Y ON lO NOVEMBER 2005 00'43 ' '/4"W 2.07' N AREA OF ALL IMPROVEMENTS; iMPERVIOUS TO ~NCLUDE HOUSE AND DECK (REAR) = 1.145 SF LOT AREA ABOVE WETLAND DELfNEATION- 13,815 SF PERCENTAGE OF IMPERVIOUS LOT COVERAGE- 8 29Z NOTE, SURVEY OF DESCRIBED PROPERTY SITUATE MA'I-FITUCK, TOWN OF SOUTHOLD SUFFOLK COUNTT, N.Y. SURVEYED FOR: DOROTHY DICKERSON PETERS L ARANTEED TO: DOROTHY DICKERSON PETERS ,' CZMMONWEALTH LAND TITLE INS. CO TM// 1000-123-04-006 THIS ENTIRE PARCEL IS FOUND TO BE IN THE AE-8 FLOOD ZONE DESIGNATION, AS FOUND ON MAP NUMBER 56103C0452 0, EFFECTIVE DATE MAY 4, ~998, ELEVATIONS SHOWN HEREON ARE IN T929 NGvD ALL RESIOENCE$ WITHIN 150' OF THiS PROPERTY ARE SERVICED BY SUFFOLK COUNTY WATER AUTHORITY ZONING = R40 BASE FLOOD ELEVATION WILL COMPLY WITH FEMA REGULATIONS SURVEYED: 7 NOVEMBER 2005 SCALE 1"= 50' AREA = 20,561 SF (TO TIE LINE) OR 0.472 ACRES SURVEYEO BY STANLEY d ISAKSEh'. ,.iR PO BOX 294 NEW SU/FOLK. NY. 11956 651-7~4-5855 .-< / /NYS L~YNo. 492/Z/ 05R1452 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 July 3, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6053 (Peters) Dear Mark: We have received an application for additions and alterations to premises on Deep Hole Creek in Mattimck 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 D1NIZIO, JR. Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM / 4 .- / All applicants for permits* including Town of Southold agencies, sh~ c¢~e:.~, CC~/or proposed actions ~at ~e subject to the Town of Southold Water,ant Consistency assessment is intended to supplement other information used by a Town of Southold agen'c~ in making a determination of consistency. *Except mi~or exempt actio~s including Building Permits ar~d otl~er ministerial pe~its not located within the Coastal Eroston Hazard Area. Before answering the questions in Section C, the preparer of this fOrTh should review the exempt minor action list, policies and e~planations of each policy contained fl~ the Town of Southold Local Waterfi:ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (wlfich iocludes all of Southold Town). If' any question in Section C on ttfis 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 fl~ more detail and, iF necessary, modified prior to making a determination that it is consistent to the maximmn extent practicable with the LWRP policy standards and conditions. If an action cam~ot 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 (sontholdtown,nortlffork.net), the Board o fTmstees Office, the Plaaning Depart~nent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 123 4 6 The Application has been submitted to (check approp~4ate response): TownBoard [] PlanningBoard~] Building Dept. [] BoardofT,'ustees [~ 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 re,clarion, land transaction) F~ (b) Financial assistance (e.g. grant, loan, snbsidy) Nature and extent of action: Construct a two-story, one-family dwelling with attached garage~ deck and steps; install a drai~system of drywells; and establish a 50-foot non-d~zsturbance/non~fert±-t~zat±on buffer adjacent to the wetlands boundary, all as depicted on the site plan prepared by Stanley J. Isaksen, last dated April 20, 201Y67. InstalLation of sanitary system, pervious driveway, and publSc water service will o~ mcrz than 100 foot from ;:atlands and the~-f.~re b~yond-Chap~ter 97~ jurisdiction. Location of action: Site acreage: 2280 Deep Hole Drive 0.472 Present land use: vacant residential Present zoning classification: R-40 If an application ~br the proposed action has been filed with the Town of $outhold agency, the following information shall be provided: (a) Nmne ofapplicm~t: (b) Mailing address: Dorothy Dickerson Peters 33 West Court Street Cortland, NY 13045 (c) Telephone uumber: Area Code ( ) 607-756-9194 (d) Application namber, if any: Will the action be directly undertaken, require fi~nding, or approval by a state or federal agency? Yes [] No ~ If yes, which state or federal agency? C. 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 The proposed development is situated in an existing developed, waterfront hamlet community and will be consistent with the character thereof. ARachadditionalsheetsifnecessa~ ' -'q~01icy~.q>r~Xeet-a~l~r6sei,Ve Iiislori~ a~d ar~h~e6 ol~gi~alYd~oflrces o~ihe To~S'bht~ld]~e LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~ Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes ~1 No ~] Not Applicable To the extent that this policy is applicable to the proposed proj~ect, visual quality~ and scenic resources will be protected at the site by way of the establishment of a buffer area that will limit clearing of the site and therefore preserve existing ~igeno.s v~gpeqtinn ehst might o ttlerwig~ be cleared. Attachadditionalshcetsifnecessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natoral resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [--] Yes ~] No [] Not Applicable Attach additional shcets if necessary Policy 5. Protect and improve water quality and supply in the Town of Soothold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~] Yes [--] No I-]Not Applicable Water qualit~ a~nd supply will be protected via 1) the estab, lishment of a vegetative buffer adjacent to the tidal wetlands, which will a) reduce nitrogen and other contaminant loads entering_the adjacent waterway and thereby limit a ma~ouce of water qu~ality ~ impairment; b) retain indigenous vegetation; and c) msJntain a stablized soi-~ and filtering ca acit ad'acent to wetlands and surface waters; 2) the ins~lation~of a SCDHS approved sanitaKy system raised a sufficient distance above groundwater which will ensure effective treatment of sanitary sewage and 3) installation of a drainage system, which will control, Attachadditionalsheetsifnecessary manage and recharge stormwater runoff. 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; Poises 22 The establishment of a permanent wetlands buffer area will serve to protect ecological quality throagh the reTen~6~hd m~ihCena~c~ ~f i~dige~ous picots and't~ei~-~c~gt~d- - nalkurml~_i:.olngica~ comm miry. Potentia~ imp~ce~ on ecol %;c2&_xckalif. cz_du~ to development will be reduced and mitigated in the short term by erection of a project-limiting fence an& hayhal~n d,lring construction and in the long term thr0~gh e~stablishment of a wetlands buffer; installation of a property sanitary system; installation of a-- drainage system to recharge runoff and use of previous driveway materials. Further, there be no net loss of wetlands, and statutory and regulatory requiremenns of the Southold Town Attachadditionalsheets if necessary Board of Trustees and New York State Department of Environmental Conservation will be compiled with. Policy 7. Protect and improve air qnality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for eval,ation criteria. Yes [-~ No [] Not Applicable Attach additiOnal sheets if necessary Policy 8. Miaimize 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. [-] Xes [--] No [] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, ami 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 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Sonthold's water~dependent uses and promote siting of new water-dependent uses in suitable Iocatioas. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [7] y~ No ~]]'qbt~P-151ica~le Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and To,vn waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No [] Not Applicable 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 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [~ No [-~ Not Applisable OLSEN & OLSEN LLP 32495MAINRO^D PO BOXT06 CtITCHOGUE, NY11935 ~ lOOO !23