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HomeMy WebLinkAbout1000-122.-9-7.2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 King, President Town of Southold Board of Trustees Mark erry, Principal Planner LWRP Coordinator Date: May 11, 2007 Re: Request for Wetland Permit for DAVID SHAMOON SCTM# 122-9-7.2 DAVID SHAMOON requests a Wetland Permit to construct a single-family dwelling, deck, driveway, and sanitary system. Located: 2404 Camp Mineola Rd. Ext., Mattituck. SCTM#122-9-7.20 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: 4.1 Minimize losses of human life and structures 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. sites in areas with extensive public investment, public infrastructure, or major public facilities. sites where relocation of an existing structure is not practical. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance to the new residence from the freshwater wetland boundary is 20' feet~ the proposed distance to the deck from the wetland is 15'~ the proposed distance to the new residence from the tidal wetland is 80'I a minimum setback distance of 100 feet is required pursuant to Chapter 275-3. Findingsl purpose[ iurisdiction~ setbacks. The proposed residence is in an AE flood zone elevation 8. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. / All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southotd 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 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). B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 122 09 - 7.20 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 LWIC,° policy standards and conditions, lfan 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: o~h~e at the Town of Southold s webstte (southoldtown.northfork.net), the Board of Trustees Office, the Planrdng Department, all local libraries and the Town Clerk's office. The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board ofTrusti~'~fT[~ 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: Owner proposes to construct a 36' x 54'~ four bedroom single family dwelling on pilings with attendant sanitary system and wood deck attached to the north side of the proposed dwelling. Approximately 400 cy of clean upland fill will be imported for the proposed sanitary system and will be contained by a retaining wall. Owner also proposes to install a 590± SF pervious driveway accessing Kreh Road. Location of action: Site acreage: Kreh Road; Mattituck; Town of Southold 0.937 acre ± Present land use: vacant Present zoning classification: R-80 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: David Shamoon (b) Mailing address: P.O. Box 446 Bridgehampton~ NY 11932 (c) Telephone number: Area Code ( 631 ) 537-2177 (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 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 As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this project is a proposal to improve an undeveloped lot with a dwellinq and related aDDurtenances that are common to the surroundingl area, which is higihly developed. The proposal, as desiqned, will not result in adverse effects to the surroundin~q environment in that it meets all required setbacks from situate wetlands. In addition, all dwellingls in the surroundin¢l area have coexisted harmoniously with the environment for years. Situatin.q dwellinqs this close to a marina makes .qood use of infrastructure as it removes the need to construct separate dockinq facilities for each dwellin¢:l. 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 III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject Jot and the surroundinq neighborhood cannot be deemed substantial historic and/or archaeologlical resources. 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 surroundinrj area is currently comprised of properties improved with singtle-family dwellinqs of similar, if not larc:ler, size. While the area of the proposal is lackinCl in scenic resources, the praposed dwelling will not impede line of siqht through subject lot any more than it is impeded now as said lot is hiqhly vegetated. Therefore, this prapasal 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 dwellinq will be constructed on pilings to raise its heic:tht to 8' above mean sea level as required by Federal Flood Requlations. This heiqht and the fact that the propasal is located inland off a sheltered branch of James Creek .clreatly limits the potential for loss of life, structures or natural resaurces from floodin.q. As the proposal is not directly adjacent to any surface waters and will remain substantially veqetated, the patential for damaqe from erosion is neqliqible. Accordingly, the proposal is consistent 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 Applieable Subject proposal will comply with Policy 5 in that the property will utilize public water, as well as to utilize an efficient sanitary system, which will be compliant with the requirements of the Suffolk County Department of Health Services. Accordin.qly, no adverse impacts to either the water quality and/or water supply of Southold Town are anticipated. 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 will comply with Policy 6 in that the proposed improvements are, as closely as possible desiglned to meet the environmental quidelines and requirements of both the Town of Southold Board of Trustees and the New York State Department of Environmental Conservation, and conseauentlv, will maintain the intefzlrity of the surraundin~l ecosystem. 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 Policy 7 is not applicable to the instant proposal in that the proposal is simply to improve subject property with a sin~11e family dwelling with attached deck and attendant sanitary system which historically do not result in any form of adverse effects to air quality. 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 Policy 8 is not applicable to the instant proposal in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, or 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 Policy 9 is not applicable to the instant proposal in that the proposal is not situated within a property containinq, or havingl the potential to contain, public access to coastal waters, public lands and/or public resources within the Town of Southold. 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 Policy lO is hal applicable to the instant proposal Jn that the proposal does not involve a water-dependent use IJ.e. marina, aquaculture, etc...). 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 Policy 11 is not applicable to the instant proposal in that the proposal does not involve any form of marine resource manaflement (i.e. commercial fisheries, recreational fisheries, aquaculture, etc.. 3. Attach additional sheets if necessary 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 Applicable Policy 12 is not applicable to the instant proposal in that the proposal does not involve a.qricultural lands li.e. the conversion of farmland, the establishment and/or maintenance of new coastal a.qdculturai 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 Policy 13 is not applicable to the instant proposal in that the proposal does not involve the conservation of enerqy resources on a commercial level and/or the promotion of alternative ener.qy sources, proper maintenance of fuel storaqe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary REFERENCED TO N.G.V.D. )929 DATUM VATIONS ARE SHOWN THUS: ~ ITOUE LINES ARE SHOWN THUS: -- ,IDS = 762 sq. ft. 'iT AREA = 40,055 sq. ft. IS iN FLOOD ZONE AE (EL. ;E RATE MAP No. $6103C0482 STRUCTURES SHOWN THRU: SED EXPANSION POOL SED LEACHING POOL SED SEPTIC TANK SED DR~ELL )F WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD ~ND/OR DATA OBTAINED FROM OTHERS. /~? 400 cu. yds. OF CLEAN FILL TRUCKED IN FROM lO JRCE SHALL BE NEEDED. SiTE INSPECTION SHOWN THUS: · ~ ~ ~ S 8~4'50'50" W PROPO' ]TOTAL 130.00' 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 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). 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 cmmot 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 followin (southoldtown.north fork.net), libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION: SCTM# 122 09 - 7.20 The Application has been submitted to (check appropriate res Town Board [] Planning Dept. [] Building Dept. onlir~e at the Town NOV 2 2 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: Owner proposes to construct a 36' x 60' four bedroom single family dwelling with 12' x 34' wood deck attached to the east side. Owner also oronoses to install a 20' x 40' pool to the north of the proposed dwelling. To the immediate east of the proposed pool~ the owner oroooses to construct a 30' x 24' garaee. Owner also proposes to install sanitary system with retaining wall~ 4 drywells which will handle the runoff from the proposed dwelling and garage~ and one drywell that will serve the pool. The owner proposes to erect a 70% wall northwest of the proposed pool running north-south along the northern lot line. Owner also proposes to bring in approximately 1400 yards3 of fill to raise the elevation of the area to be built to approximately 10'± above mean sea level. Finally~ the owner proposes to install a 1100 tt2± gravel driveway connecting the garage with Kreh Road. Location of action: Site acreage: Kreh Road; Mattituck; Town of Southold 0.937 acre ± Present land use: vacant Present zoning classification: R-80 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: David Shamoon (b) Mailing address: P.O. Box 446 Bridgehampton~ NY 11932 (c) Telephone number: Area Code ( 631 ) 537-2177 (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 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 As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of $outhold would result in a loss of the community and landscape character of $outhold.", this project is a proposal to improve an undeveloped lot with a dwellin~l and related appurtenances that are common to the surrounding area, which is hiqhly developed. The proposal, as designed, will not result in adverse effects to the surrounding environment in that it meets all required setbacks from situate wetlands. In addition, all dwelJings in the surrounding area have coexisted harmoniously with the environment for years. Situating dwellinqs this close to a marina makes flood use of infrastructure as it removes the need to construct separate dockingl faciJities for each dwelling. Accordingly, we believe fhaf this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources o ~ I~WRP Section I/i _ ~; hePolicies Town of Southold. See Pages 3 through 6 for evaluation criteria [] Yes [~ No [] Not Applicablc ~s nora licable in that sub'eat lot and the surroundin substantial historic and or archaeolo ical resources, n~ cann___of be deemed a Attach additional sheets if necessary Policy 3. Enhance visual quality and protect see ' LWRP Secti T o~,:A= ,. _ mc resources thyou.ghout the Town of Southold. See on II. - -.,acres rages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject D~ill r(of adversel im act f · area is cu~~,.m~ff.~_.c~_ct the visual auallt_~of thee ~ ....... " ,~ ~cenlc resources, tho ~ ...... ~ - .. ~ ,~mUh Irnotlar er sze WhlJ ~ ..... ~ w,~ not~m ~e line of~ subi~f Io~ on more then if is im eded now os s~Jd lot i~ly ~ed. Therefore this re os~l will A~ach additional sheets ifnecessa~ NATU~L COAST POLICIES Policy 4. Minimke loss of life, stractures, and natural resources from flooding and erosion. See LW~ Section III- Policies Pages 8 through 16 for evaluation criteria ~ Yes ~ No ~ Not Applicable ~roDo~l will ~11 cam I with Polic 4 in that the construction will ~ cam lefed offer Clean fill has ~~se thrill a~a to an ' ~~~L~¢~n 0f a proximately I0 f* ........ u~ul ~s ~ocated roland offa shelfere~ .~ve mean sea level.his ~°fen~os~ o~ife structures or nat ........ nob of Jam~Cre~ ~an~afer* ,~_ . na~r~] resources from floo~ As *~ .... ...... u~ file otenfial for damn~¢ *- ~Pu~osal Is not dir ' ~ ....... '~ u~- AOcordln~ re osa~ is consistent w~h Polic 4. .... · ~om erosion is ne~/iai~ A~ach additional sheets ifnecessat~ Policy 5. Protect and improve water qualiW and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No ~ Not Applicable S~'ect m o~ will cam I with Polic 5 in that the re oct will util~ a rifle well as well as to utilize an efficient sanita sys~m wh~h will be cam lianf with the re uiremenfs ~ the Suffolk Count De arfment of Health Se~ices. As a substantial ortion of Soufhold Town is now on ublic wafer this re osed rivate well will ~f ~v~ im act the uantit of arable wafer in the Town ~S~fhold. As the re osed sanifa ~~h Heal~ Code, if will not adversel im act fh ..... ~, ,* ~unslszent wJfn ~oIIcy 5 --,e Water in the TOwn ~ach additional sheet~ ifnecessa~ ........ ~,~,cM almu~lUN~b SHOWN THRU: PROPOSED EXPANSION POOL PROPOSED LEACHING POOL PROPOSED SEPTIC TANK PROPOSED DRYWELL 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 6. APPROXIMATELY 400 cu. yds. OF CLEAN FILL TRUCKED IN FROM AN UPLAND SOURCE SHALL BE NEEDED. 7. LATH SET FOR SITE INSPECTION SHOWN THUS: · ~, ~,,~. BOUNDARY AS SOUTHOLD TOWN TRUSTEES HOLE DUG BY McDON~J.D GEOSCIENCF ON MAY 11, 206 WATE~ IN BROWN F3NE TO ME 25' UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVE~ IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. 0 (/3 PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A,L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION.