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Home My WebLink About1000-115.-17-17.12PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWnN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: James King, President Town of Southold Board of Tmstees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 23, 2007 ~__~ ,,,,) ~.~.~___ & Re: Proposed Wetland Permit for HERIBERT ORTIt House SCTM#1OOO-gff~i"~' / ;'7-/'7. / HER1BERT ORTH requests an Amendment to Permit #6047 to add an 18'X 36' in-ground swimming pool and increase the limit of clearing, grading and ground disturbance, and to Transfer Permit #6047 from Heribert Orth to Kurt Freudenberg, as contract vendee. Located: 640 Willis Creek Rd., Mattituck. S CTM# 115 - 17-17.12 The proposed distance from the pool to the wetland boundary is 81 feet~ a minimum setback distance of 50 feet is required pursuant to Chapter § 275-3. Findingsl purposel iurisdictiom setbacks 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 CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practice is required. Policy 5 Protect and improve water quality and supply in the Town of Southold. I To further Policy 5~ require a drywell in the event the pool is drained. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding thc consistency of the proposed action. Heribert Orth 640 Willis Creek Road, Mattituck Town of Southold LWRP CONSISTENCY ASSESSMENT FORM rBEC--55 2~t~6 A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agenczes. ~fiaIl' complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Corisistency Re'Ciew 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 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 LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the To~vn of Southold'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# 115 17 17.12 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X 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: Permit #6047 .qranted on December 20, 2004; Amendment and 1-year extension Rranted 11/15/06. Request amendment to add 18' x 36' inqround pool and increase "limit of clearinR, Rradin.q & .qround disturbance" as shown on attached plan. All proposed activity >75' from wetland Also, transfer permit to contract vendee, Kurt Freudenber.q. Hedbert Orth 640 Willis Creek Road, Mattituck Location of action: 640 WILLIS CREEK ROAD, MATTITUCK Site acreage: 1 Acre Present land use: 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: HERIBERT ORTH (b) Mailing address: PARKSTRASSE 12-D-55, TRIER, W. GERMANY (c) Telephone number: 011 49 651 2090250 (d) Application number, if any: PERMIT # 6047 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~ NYSDOS, USACOE 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 Construction of a pool at this site is proposed in a manner consistent with the current standards and is consistent with the "pattern of development in the town': Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section llI- Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed pro/ecl is not located near any historic sites or districts Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable Development of this site is proposed in a manner consistent with the ne(qhborhood in which it is located. All proposed activity designed in accordance with current standards. Heribert Orth 640 Willis Creek Road, Mattituck 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 Development of the site will be done in accordance with FEMA standards, NYSDEC regulations and Chapter 97 of the Town Code. 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 Development of the site will be done in accordance with FEMA standards, NYSDEC regulations, Chapter 97 of the Town Code and Article 5 and Article 7 of the Suffolk County Sanitary Code. 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 Development of the site will be done in accordance with NYSDEC requlations and Chapter 97 of the Town Code. 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 It does not appear that Policy 7 is relevant to development of this site. 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 As in all other residential development, it is expected that the occupant will comply with the expected treatment of residential solid waste, yard waste and recyclable material Heribert Orth 640 Willis Creek Road, Mattituck 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 Development of this site has no impact on public access to, and recreational use of, coastal waters, etc. 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 III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Poficy 10 is relevant to proposed development of a residential lot. 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 Applicable It does not appear that Policy 11 is relevant to proposed development of a residential lot 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 It does not appear that Policy 12 is relevant to proposed development of a residential lot 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 Applicable It does not appear that Policy 13 is relevant to proposed development of a residential lot Created on 5/25/05 11:20 AM * N'r'G]D~C. DATA* To[al Area Lot :~2 = 4D,f:41 ~F <.0 X Z Z 0