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Home My WebLink About1000-35.-4-28.41L_ 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 King, President Town of Southold Board of Trustees Mark Terry, Principal Planner I~'~' LWRP Coordinator Date: July 16, 2007 Re: Request for Wetland Permit for Broad blue, LLC SCTM# 35-4-28.41 BROADBLUE, LLC requests a Wetland Permit to construct a two-story, one-family dwelling with attached garage and deck; place approx. 250 cy. fill to raise grade in center of property beneath dwelling; install a drainage system of drywells, pervious driveway, and public water service line; install a sanitary system located more than 100' from wetlands; and establish a 50' non-disturbance/non-fertilization buffer adjacent to the existing bulkhead. Located: 230 Wiggins Lane, Greenport. SCTM#35-4-28.41 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. 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 dwelling from the wood bulkhead is 75 feet; a minimum setback distance of 100 feet from the wetland line i.~ required pursuant to Chapter 275-3. Findin.~a; purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved and to further Policy 5: Protect and Improve Water qualit3, in the Town of Southold: 1. Require that the proposed non disturbance~ non fertilization buffer also is a non-turf buffer to further protect the waters of Gull Pond. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. A Il applicants f0r perm its* including T0w n 0f S0uth01d agencies, shall c0m plete this C C A F f0r proposed actions that are subject to the Town of S0uth01d W aterfr0nt C 0nsistency Review Law. This assessmentisintended to supplementotherinf0rmati0n used by aT0wn 0fS0uth01d 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. 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). 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. SCTM# 35 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. DESCRIPTION OF SITE AND PROPOSED ACTION 4 . 28.41 PROJECT NAME BROADBLUE, LLC The Application has been submitted to (check appropriate response): Town Board ~] Planning Board[--] Building Dept. [~ Category of Town of Southold agency action (check appe (a) Action undertaken directly by Town agency (e.g. construction, planning activity, agency regulation, (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: I CONSTRUCT A TWO-STORY, ONE-FAMILY DWELLING WITH Aq~CHED GARAGE AND DECK; PLACE ,"X 2 7 2007 Suul)dmro Iowa Board of Trustees ~n~rarL, ttctio~l) 2007 APPROXIMATELY 250 CUBIC YARDS FILL TO RAISE GRADE IN CENTER OF PROPERTY BENEATH DWELLING; INSTALL A DRAINAGE SYSTEM OF DRYWELLS, PERVIOUS DRIVEWAY, AND PUBLIC WATER SERVICE LINE; INSTALL A SANITARY SYSTEM LOCATED MORE THAN 100-FEET FROM WETLANDS ( AND THEREFORE BEYOND CHAPTER 275 JURISDICTION); AND ESTABLISH A 50-FOOT NON-DISTURBANCE/NON-FERTILIZATION BUFFER ADJACENT TO THE EXISTING BULKHEAD, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY JOHN C. EHLERS LAND SURVEYOR, LAST DATED JUNE 19, 2007. Location of action: 230 WIGGINS LANE, GREENPORT Site acreage: 28,500 S.F. Present land use: VACANT- RESIDENTIAL WITH PRIVATE BOAT DOCKAGE 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: BROADBLUE, LLC (b) Mailing address: c/o DOROTHY ABBOTT P.O. BOX 415 ORIENT, NY 11957 (c) Telephone number: Area Code 631-323-0042 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes--I' 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. RYes ~ No ~ Not Applicable THE PROJECT IS CONSISTENT WITH POLICY 1, AS IT PROPOSES TO CONSTRUCT A NEW DWELLING ON A PARCEL ALREADY IMPROVED WITH A BULKHEAD AND DOCK FACILITY AND LOCATED IN A NEARLY COMPLETELY DEVELOPED WATERFRONT COMMUNITY ON A MANMADE, DREDGED CANAL, WHICH 1S SIMILARLY CHARACTERIZED BY WATERFRONT HOMES, BULKHEAD AND DOCKAGE FACILITIES. 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 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 THE PROJECT IS CONSISTENT WITH POLICY 3 THROUGH ITS ESTABLISHMENT OF A 50-FOOT WIDE NON-DISTURBANCE/NON-FERTILIZATION BUFFER ADJACENT TO THE EXISTING BULKHEAD, WHICH WILL ALLOW MORE THAN 1/3 OF THE UPLAND AREA OF THE PARCEL TO REMAIN UNDISTURBED AND APPROXIMATELY 7,500 S.F. OF NATURAL VEGETATION ADJACENT TO THE TIDAL WATERS OF THE CANAL TO REMAIN PERMANENTLY PRESERVED. 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 PROPERTY IS PROTECTED FROM FLOODING AND EROSION BY THE EXISTING BULKHEAD, BUT POLICY 4 IS OTHERWISE NOT APPLICABLE TO THE CURRENT PROJECT. 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 V~ No ~] Not Applicable THE PROJECT WILL PROTECT SU ACE WATER QUALITY FROM THE POTENTIAL IMPACTS OF R OFF ASSOCIATED WITH DEVELOPMENT THROUGH 1) THE INSTALLATION OF A DRAINAGE SYSTEM OF DRYWELLS DESIGNED TO CAPTURE AND RECHARGE ROOF RUNOFF; AND 2) THE PERMANENT ESTABLISHMENT OF A 50-FOOT NON-DISTURBANCE/NON-FERTILIZATION BUFFER ADJACENT TO THE TIDAL WATERS OF FORD.AM CANAL, WHICH WILL FILTER AND ABSORB CONTAMINANTS. GROUNDWATER AND SURFACE WATER QUALITY WILL ALSO BE PROTECTED THROUGH THE INSTALLATION OF A SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES APPROVE SANITARY SYSTEM LOCATED MORE THAN 100 FEET FROM THE TIDAL WATERS OF FORDHAM CANAL. THE PROJECT IS THEREFORE 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 ~] Not Applicable SEE ATTACHED ADDENDUM 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 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 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. Z1 Yes [--1NoX NotAp.licable Attach additional sheets if necessary 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 IH - Policies; Pages 47 through 56 for evaluation criteria. ['~ Yes ~ No [~ Not Applicable 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 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 III - Policies; Pages 65 through 68 for evaluation criteria. [--] Yes ~] No [~ Not Applicable PREPARED BY ROBERT'ET'i~RRMANN TITLE COASTAL MGMT SPECI^LIST DATEJuNE 25, 2oo7 Amended on 8/1/05 LWRP ADDENDUM FOR BROADBLUE, LLC 230 WIGGINS LANE GREENPORT, NY SCTM #1000-35-4-28.41 POLICY 6. THE PROJECT IS CONSISTENT WITH POLICY 6 IN PART FOR THE SAME REASONS 1T IS CONSISTENT WITH POLICY 5. THE PROJECT IS FURTHER CONSISTENT WITH POLICY 6 BECAUSE IT COMPLIES WITH THE STATUTORY AND REGULATORY REQUIREMENTS OF THE STATE'S WETLANDS LAWS (TILE PROJECT HAS BEEN AUTHORIZED PURSUANT TO NYS DEC TIDAL WETLANDS PERMIT NO. 1-4738-03112/00001 ) AND WILL COMPLY TO THE MAXIMUM EXTENT PRACTICABLE WITH THE STATUTORY AND REGULATORY REQUIREMENTS OF THE SOUTHOLD TOWN BOARD OF TRUSTEES LAWS. SPECIFICALLY, THE PROPOSED SANITARY SYSTEM WILL BE LOCATED MORE THAN 100 FEET FROM THE TIDAL WATERS OF FORDHAM CANAL, AND THE PLACEMENT OF THE DWEI,IJNG 75 FEET RATHER THAN 100 FEET FROM TIDAL WATERS (WHICH IS THE MAXIMUM PRACTICABLE WETLANDS SETBACK GIVEN THE DEPTH OF THE LOT FROM FORDHAM CANAL) WILL BE MITIGATED TO THE MAXIMUM EXTENT PRACTICABLE BY THE PERMANENT ESTABLISHMENT OF A 50-FOOT NON-DISTURBANCE/NON-FERTII,IZ&TION BUFFER ADJACENT TO THE BULKHEAD, WHICH WILL PERMANENTLY PRESERVE APPROXIMATELY 7,500 S.F. OF NATURAL VEGETATION AND MAINTAIN MORE THAN 1/3 OF THE UPLAND AREA OF THE PARCEL IN A NATURAL AND UNDISTURBED STATE. THE IDENTICAL PROJECT EXCEPT FOR A ONE-FOOT WIDER DWELLING WAS PREVIOUSLY AUTHORIZED BY THE SOUTHOLD BOARD OF TRUSTEES PURSUANT TO WETLANDS PERMIT NO. 5752, WHICH WAS ISSUED ON APRIL 30, 2003 AND RENEWED ON MARCH 23, 2005 AND MARCH 22, 2006. SURVEY OF LOT Iq MAP OF FORDHA1H' ACRES~SF:C, TION 2 FILED APRIL 6, 1<:165 FILE No. 460,5 SITUATE, ~t:;~ENPORT TOY'iN, 50UTHOLD ~OLK GOUNT~', NY .GUW-VE'f'ED 11-2D-OI LAND UNDER.INATEW..GHOk'4N 04-1q-02 bldc], env. , .~e~.b<2¢k..e 08,-12-02, ~.es~nole 0q-06-02, prop hse IO-Oq-02 amended 10-28-02,11-21-02, 06-1q-200-~ o \ \ \ \ NOTS~: · HONU~ENT · PIPE ELEVATIONS P. EFERENOF N~V~'2q TOTAL AREA INOLUDIN~ A~A TO A.H.~.~. AT ~LK~AD = FLOOD ZO~ LI~ ANNOTA~D FEHA FLOOD HAP No. D6lO~176 ~, HAY 4, Iqq~ ~FE~NCE MAP OF ~O~R~ FOR ~TH F ~TON, IDA ~LLE LATHAH, ~O~E~IC~ VAN ~L for vl~,llng ®RAPHIC 5GALE I"= DO' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STRRI~T N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver~pros~01\01-299 06-14-2007.pro