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Home My WebLink About1000-58.-2-11 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone:631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM ro~ James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 16, 2007 Re~ Request for Wetland Permit for Missy Diack SCTM# 58-2-11 MISSY DIACK requests a Wetland Permit & Coastal Erosion Permit to relocate the existing single-family dwelling landward and construct an addition (1,295 sf. overall) to be situated 80'+/- from the wetlands boundary; rear decking (622 sf.) situated 64'+/- from the wetlands boundary; rear plat and walkways (411 sf.+/-) situated 5'+/- from the wetlands boundary; retaining wall to surround the proposed sanitary system within the front yard, situated 127'+/- from the wetland boundary; and a gravel driveway (540 sr.) situated 120' from the wetlands boundary; and to maintain the timber bulkhead in-place. Located: 1840 Leeton Dr., Southold. SCTM#58-2-11 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 $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 house from the tidal wetland boundary is 80 feet~ the proposed rear decking is 64 feet from the wetland boundaryi a minimum setback distance of 100 feet from the wetland 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. If the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold: 1. Retain a non-turf, non disturbance buffer landward of the timber bulkhead to protect the water quality of Long Island Sound. 2. Require hay bales during construction. 3. Require gutters to drvwells to contain roof runoff. 4. During construction protect all wetland vegetation. 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 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 cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 058 02 011 The Application has been submitted to (check appropriate response Town Board [] Planning Dept. [] Building Dept. [] Boar 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. JUL 2 5 2OO7 Southold Town Board o f ,,.~stees oi' Trus[ees 12q 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 wishes to redevelop the proper~ which currently contains a single-family dwelling (700 sq. ft. _+) situated 53'_+ from the wetlands boundary; rear decking and walkways (488 sq. ft. _+) situated 34' + from the wetlands boundary; rear plat and walkways (330 sq. ft. _+) situated 5'+ from the wetlands boundary and a timber bulkhead (75' long) situated 8' from the wetlands boundary. Applicant wishes tn relocate the existing single family dwelling landward and construct an addition (1~ 295 sq. ft. -+ overall) to be situated 80'+ from the wetlands boundary; rear decking (622 sq. ft._+) situafed 64' _+ from the wetlands boundary; rear plat and walkways (411 sq. ft. _+) situated 5' -+ from the wetlands boundaryl retaining wall to surround the proposed sanitary system within the front yard (127' long overall) situated 127' -+ from the wetlands boundary; and a gravel driveway (540 sq. ft. +) situated 120'+ from the wetlands boundary. The timber bulkhead is proposed to be maintained "in-place% Attach additional sheets if necessary Location of action: 1840 Leeton Drive~. Town of Southold~ NY Site acreage: 0.27 acre -+ 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, the following information shall be provided: (a) Name of applicant: MISSY DIACK (b) Mailing address: 1840 Leeton Drive; Town of Southold~ NY (c) Telephone number: Area Code ( 631 ) 765 - 2306 (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 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 redevelop a currently improved properS. The proposalt as designed~ will not result in any adverse effects to the surrounding environment in that the project will be situated further landward from the surface waters of Long Island Sound to the north. Again~ subject properb/and the surrounding neighborhood is comprised of older residential dwellings which have existed harmoniously within this area for years and have not resulted in any form of adverse effects to the surrounding environment. Accordingly~ 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 Ill - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable 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 existing property has contained a single-family residence for approximately fifty (50) years without any evidence of resulting in adverse impacts to the neighborhood. In addition~ the neighborhood itself is comprised of similarly sized properties~ improved similarly for many years~ and which also has not resulted in any form of adverse impacts to the surrounding area. Furthermor% this policy could not preclude both the legal creation of this property as a building Iot~ or the existing structures thereon~ which are proposed to be both relocated further landward from the surface waters of Long Island Sound to the north and/or improved with additions. 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 property is currently improved with a bulkhead within the northern section of subject property and has protected subject property from any and all flooding and/or erosion events since the improvement thereon, lhe proposal is to redevelop the existing structures thereon~ and relocate same further landward from the surface waters of Long Island Sound~ and therefore cannot be applicable to 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 Applicable Subject proposal will comply with Policy 5 in that a more efficient sanitary system is proposed to be installed thereon, and at a greater distance than the existing septic system is located from the wetlands boundary, and that public water is to be utilized. Accordinglyf this proposal will not only maintain the water quality and supply within the Town of Southold~ but will improve conditions within the site with the installation of the more efficient sanitary system. 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 is not applicable to Policy 6 in that the proposal will be for the relocation and improvement of existing structures thereon~ further from the surface waters of Long Island Sound~ and that no further encroachment to the wetlands will take place than which presently exists. Attach additiona} 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 to Policy 7 in that the proposal will be for the relocation and improvement of existing structures thereon which will not result in any form of adverse effects to air quality. Accordinglyt 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 Applicable Subiect proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid wast% hazardous wast% toxic pollutantst 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 III - 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 III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve a water-dependent use (i.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 Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries~ recreational fisheries, aquaculture, etc...). 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 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 sourcest 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 ALTE, F64TION ~ ADDITION TO TI'~S SU~V£Y 1~ ,4 V~T~ 7ZO~ ~ T~ ~ Y~ STATE ~ LA~, COPES 8E~ T~ ~ 5~L ~ ~ 5~VEY~ A~T~LL Y TO CO~ Y WI~ ~0 LA~ T~ T~ 'AL T~ 8~ .O~ ANOTBE~ ~URVEY08'$ MAP'. TERI.t~ SUCH AS 'J~,~ECTED' AA~ '~ROUCWT-TO-PA TE' ,~E NOT V~ COUI~w:E ~I IN TI~ L~ W, SUBSURFACE SEWAGE DISPOS · ' SYSTEM DESIGN '1~ ~ BY' JOSEPH FISCHETTI, P.E. -i SOUTHOLO~ N.Y. 11971 ~ ~ ~ ~ V~ ~1~ ] (631) 765 - 2954 S. 45'35'30' ~V~ LEETON 75.00' ~! ~-~ ( PUBLIC WA TER IN STREET~ DRIVE .SURVEY OF PROPERTY A T SOUTHOLD TOWN OF SOUTHOLO SUFFQLK CQUNTY , ~ Y. I000- 58- 02- 11 FLOOD ZONES FROM FIRM MAP NO. 36103C0154 G DATED MAY 4~ 1998 ELEVATION5 ARE REFERENCED TO NGVD. 4# 7/0 ? AREA = 11,690 sq. ft. to tie Eno PROPOSED SEWAGE DISPOSAL SYSTEM $POOtS WITH CLEAN SAND 3' COLLAR. I000 GaL. PR~CA CONCRETE SEPTIC TANK 80TTOIW Olr .~ I..~A~ POOLS TO BE Z' ABOVE GROUNDFIA TE~ CROSS SECTION SEPTIC SYSTEM jr 'I~ECONIC SbR~YORS, P.C. - (631I 765 - 5OEO FAX (631) 765 - 1797 P: O. 80X 909