The URL can be used to link to this page

Home My WebLink About1000-52.-1-1 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 l'lx"[' LWRP Coordinator Date: June 14, 2007 Re: Request for Wetland Permit for William and Joanne Tumbull SCTM# 52-I-1 WILLIAM & JOANNE TURNBULL requests a Wetland Permit to partially demolish an existing one-story, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur over and in place of the existing wood deck; construct 10'X 13' addition to existing deck; construct 20'X 37' in-ground swimming pool, masonry pool patio, and 8'X 12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywell, outside shower, and pool enclosing fence. Located: 54005 North Rd., Southold. SCTM#52-1-1. 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. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water- dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. 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. 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 $outhoM 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 proposed two story house from the crest of the bluff is 20 feet~ the distance from the proposed in ground pool to the crest of the bluff is 27 feet~ a minimum setback distance of 100 feet from the bluff line 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 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 A. INSTRUCTIONS 1, LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits*includingT0wn0fS0uth01dagencies, shaIlc0mpletethisCCAF for proposed actions that are subject to the Town 0f S0oth01d W aterfr0nt Consistency Review Law. This assessment is intended to supplement other inform ati0n used by a Tow n of S0uth01d agency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e n c y. *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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. 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 a~outhold's website (southoldtown.northfork.net), the Board of Trusteres OfficeVthe~'~]Qn~:~gl~el~artment, all local libraries and the Town Clerk's office, r ~y:~. ~, __:~ -- -- B. DESCRIPTION OF SITE AND PROPOSED ACTION ,' ~' ''i?'' SCTM# 52 - ~ _ I : ~!.~ PROJECT NAME WILLIAM & JoANNE TURNBULL L--'-'~S~'~ITh? "!! '~ The Application has been submitted to (check appropriate response): i TownBoard [--] Planning Board [~ Building Dept. [--] Boardof~rul!ees[~] Category of Town of Southold aeencv act on (check annrooriate resoonse~ ..... , , . ~ ..~ (a) Action undertaken directly by Town agency (e.g. capital [~ construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Partially demolish existing one-story, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur over and in place of the existing wood deck; construct 10' x 13' addition to existing deck; construct 20' x 37' inground swimming pool, masonry pool patio, and 8' x 12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywell, outside shower, and pool enclosing fence, all as depicted on the site plan prepared by John C. Ehlers, L.S., last dated April 24, 2007. Location of action: 54005 North Road (County Road 48) Site acreage:. 28,411 S.F. (0.65 acres) Present land use: Residential, one-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: WILLIAM & JoANNE Tumbull (b) Mailing address: 157-48 24TH AVENUE WHITESTONE, NY 11357 (c) Telephone number: Area Code 718-746-3137 (d) Application number if any: 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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 project entails the partial demolition, reconstruction, and expansion of an existing dwelling at a previously developed site in a developed community. Policy I is not applicable to the project. 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 The subject property does not contain nor does the project affect historic or archaeological resources; nor is the project located in a historic maritime area. Policy 2 is not applicable to the project. 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 6 through 7 for evaluation criteria [~ Yes [~] No [l~ Not Applicable Inasmuch as Policy 3 may be applicable to the project, the project entails the partial demolition, reconstruction and expansion of a presently existing dwelling. The project is not readily visible the coastline; it will not represent a significant variation from the existing developed character of the property; and it is situated within a presently and similarly developed coastline. Therefore, neither visual quality nor scenic resources will be affected by the project, and the project will he consistent 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 As the project does not relate to erosion control management issues or structures, Policy 4 is not applicable. 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 All new construction shall be located within the footprints of the existing dwelling and deck and/or landward of the preexisting nonconforming structural setback from the bluffcrest established by the deck; and all but 39 s.f. of new deck will be located more than 100 feet from wetlands. To ensure consistency with Policy 5, a row of staked haybales and project limiting fence will be installed landward of the crest of bluff to contain site disturbance during construction; a drainage system of drywells will be installed to capture and recharge roof runoff from new dwelling; a drywell dedicated to pool backwash will be installed to contain pool backwash; and an upgraded sanitary system will be installed to provide proper treatment of on-site septic waste. The project will therefore be consistent with Policy 5. 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 [l.] Not Applicable The project will 'fie consistent with Policy 6 as it will not create any new clearing or site disturbance or stage any new construction closer to the crest of bluff or tidal waters than the existing structure to be partially demolished, reconstructed, and expanded. Moreover, temporary and permanent ecosystem protection will be provided via the measures outlined in Policy 5 (see above). No wetlands or other natural resources will be affected by the project, and the NYS DEC has exempted the project from the State's Wetlands Laws. 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 The project will neither affect nor have an impact on air quality in the Town of Southold, Policy 7 is not applicable to the project. 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 The project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable to the project. 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 As the project area is limited to the portion of the property located landward of the crest of bluff (with elevation exceeding 22' MSL), public access to and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Pr6tect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Pohcles, Pages 47 through 5i~ for evaluation criteria. ~ Yes ~] No [~ Not Applicable The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to the project. 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 The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living marine resources of Long Island Sound. Policy 11 is not applicable to the project. 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 [5~] Not Applicable The project site is neither situated on nor adjacent to agricultural lands. Policy 12 is not applicable to the project. 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 The project affects neither the use nor development ofenargy and mineral resources. Policy 13 is not applicable to the project. PREPARED BY ROBE'~ERRMANN TITLE COASTAL MGMT SPECIALIST DATEMay 29, 2007 Amended on 8/1/05 OF: PROPERTY ! 51TUA'FE: ARS, HAHOHA61UE TOI, qN~ .5OI.;THOLI~ 5UF:F:OLK ~TY', NY' N % / / / Test. Hole 02-~7 2005 El.= 20' I"IONUHENT POUND t:~:::)OP ~IN PP. OP~ DRY 1'~/5LL L F-LEVATION,~, REFERENC, F N~VD '2q DATUNI C, OASTAL EF~O~ION HAZAW./2 LINE A~3 .f::+tOl,~l ON AF~EA HAP .~T II OF 4q PHOTO No. 55-5~1-~5~ FLOOD ZONE LINE RLI LI.~:-NC, E'5 FIRI"I RATE 1,4AP No. ~10:5~.,OI56 ~ DATED HAl' 4, DINSLLIN~ CONNECTED TO PUBLIC, INA'TIER EXISTIN~ E~_J::~.OOH5 ~ ~ OF E~E~H5 PROP~D 4. At:~EA OF EXlSTIN~ DF:Gl(. AREA = 26,4-11 S.F. OR 0.65 AC.,t:~.E~ ®P. APHIC, .E=C, ALE I"= JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\~Compnqservefipros~05-102 rev. 040907 new house.pro