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Home My WebLink About1000-22.-3-18.20 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: James King. President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: March 13, 2007 Proposed Wetland Permit for GIACOMO CHICCO / SCTM#1000-22-3-18.20 Suffolk Environmental Consulting, Inc. on behalf of GIACOMO CHICCO requests a Wetland Permit to construct a single-family dwelling, front porch, rear easterly porch, rear ~vesterly porch, swimming pool, patio, pool house, and driveway. Located: e/s Stoney Beach Rd., East Marion. SCTM#22-3-18.20 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. 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. A. Comply with statutory and regulatory requirements of the SouthoM 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 distance from the house to the freshwater wetland is 94 feet; a minimum setback distance of 100 feet is required pursuant to Chapter § 275-3. Findings; purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent possible As shown of the final plat dated 7/13/04 the Town of Southold Planning Board required a 100' limit of clearing, grading and ground disturbance from the edge of the wetland. The applicant proposes a 75' non-disturbance buffer. The proposed 75' limit is not permitted. In addition, the proposed action is subject to a 1995 Conservation Easement, dated December 29, 1995, filed with the Clerk of Suffolk County in Liber D00011756, Page 282; to the 1995 Conservation Easement, dated December 18, 1996, fried with the Clerk of Suffolk County in Liber D00011808, Page 661; the1997 Conservation Easement, dated December 29, 1997, filed with the Clerk of Suffolk County in Liber D00011869, Page 975; and Amendment of the1997 Conservation Easement was filed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663. The complete language of the Conservation Easements can be found in the Planning Board file. Note that "Clearing cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting, and grading shall be subject to the prior written consent of the Grantee and review of the Planning Board..." To further the policies of the LWRP it is recommended that if the action is approved the Board require gutters and leaders leading to drywelis and a pervious driveway. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Timothy Caufield, Vice President, Peconic Land Trust Melissa Spiro, Land Preservation Coordinator 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 permits not located within the Coastal Erosion Hazard Area. Before answering thc 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). If any question in Section C on this form is answered "yes", then the proposed action may affect thc 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 Town 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# 022 03 018.20 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] 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 construct a private single family dwelling and related appurtenances within subject property, which will be located within the previously approved building envelope, as per the underlying subdivision approval which created subject property. Attach additional sheets if necessary Location of action: Site acreage: e/s Stoney Beach Road (cul-de-sac); East Marion; Southold, New York 8.843 acres Present land use: Improved with single-family dwelling and related appurtenances Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, thc following information shall be provided: (a) Name of applicant: GIANFRANCO CHICCO (b) Mailing address: 450 West 15th Street; New Yorlq NY 10011 (c) Telephone number: Area Code ( 212 ) 229 - 8400 (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? 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 IH - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable As indicated within Policy 1, ~Development that does not reinforce the traditional land i~se pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.*~ this is a proposal to construct a single-family dwelling and related appurtenances within a lot created from a Town of Southold approved subdivision. The proposal, as designed, will not result in any adverse impact to the surrounding environment in that the project is significantly set back from both Long Island Sound to the north, and from the freshwater wetlands fringe to the south/southeast. As the lot was created from a Town of Southold approved subdivision, this proposal will full,/ comply with this Town policy. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applieable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. 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 surrounding area in that the proposed structures will not be visible from the main access into the subdivision, and therefore will not impair the current visual and scenic qualities already available. Again, as indicated within Policy 1~ as the lot was created from a Town of Southold approved subdivision, this proposal will fully comply with this Town policy. Ultimately, this policy could not preclude the legal creation of this property as a building lot. 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 The proposed improvements situated within subject property are set back a minimum of 200' from the shoreline of Long Island Sound, and as indicated within Policy 1 and 2~ as the lot was created from a Town of Southold approved subdivision~ this proposal will fully comply with this Town policy. Ultimately, this policy could not preclude the legal creation of this property as a building lot. 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 As indicated within the previous Policy responses, as the lot was created from a Town of Southold approved subdivision, this proposal will fully comply with this Town policy. Ultimately, this policy could not preclude the legal creation of this property as a building lot. 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 As indicated within the previous Policy responses, as the lot was created from a Town of Southold approved subdivision, this proposal will fully comply with this Town policy. Ultimately, this policy could not preclude the legal creation of this property as a building lot. 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 Subject proposal is not applicable in that the proposal is to construct a single family dwelling within subiect properly which will not result in any form of adverse effects to air quality. Accordingly~ 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 Applieable 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 IH - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that the proposal will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach 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 HI - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture~ etc.. 3. 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 LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheriest recreational fisheriest aquaculture~ etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural 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 energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM