The URL can be used to link to this page

Home My WebLink About1000-31.-9-11 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: September 4, 2007 Re: Request for Wetland Permit for Michael Kenin SCTM# 31-9-11 MICHAEL KENIN requests an Amendment to Permit #6127 to construct a 9'X 13' covered deck and steps on the northern side of the existing dwelling; 9'X 28' wood deck and steps xvith associated planter on the eastern side of the dwelling; 13'X 24' semi- circular stone patio on eastern side of dwelling; and 12'X 12' pergola with benches and associated planter on eastern side of the dwelling. Located: 420 Lakeview Terrace, East Marion. SCTM#31-9-11 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 LWP, P 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. Conwly 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance to the proposed stone patio from the freshwater wetland boundary is 27 feet~ the distance to the proposed covered deck and steps from the freshwater wetland boundary is 52 feet~ the distance from the proposed pergola and planter from the freshwater wetland boundary is 57 feet; 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: Establish a non-disturbance buffer landward of the wetland boundary to protect the water quality of the lake. Require hay bales during construction. Require ~utters to drywells on the house and additions to contain roof runoff. 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 07 All applicants for permits* including Town of Southold agencies,,sha I c'~fi/ptete this CCAF for proposed actions that are subject to the Town of Southold Waterfmnc~C0~fiR~tency.~ev'iew 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. INSTRUCTIONS 1. 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. A copy ofth~ 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 ! h SCTM# 31 09 11 ! ['?~ The Application has been submitted to (check appropriate responset: ;k Town Board [] Planning Dept. [] Building Dept. [] Board-of-Triis~S-~:[~ .... 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: The applicant proposes to amend Permit #6127 in order to construct a 9' x 13' covered deck and steps on the northern side of the existin,q dwellin,q; a 28' x 9' wood deck and steps with associated planter on the eastern side of the existincl dwellin¢l; a 13' x 24' semi circular stone patio on the eastern side of the existinq dwellinq; and a 12' x 12' perqola with benches and associated planter on the eastern side of the existinq dwellin,q. Location of action: Site acreage: 420 Lakeview Terrace; East Marion; Town of Southold 0.37 acre ± Presentland use: residential 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: Michael Kenin (b) Mailing address: 1236 Park Avenue New York, NY 10128 (c) Telephone number: Area Code ( 212 ) 722-5290 (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 Subject ProPOsal is consistent with the policy in that said proposal is simply an improvement of the existing dwellina on the lot. in an area that has been oreviouslv disturbed bv similar aoDurtenances le.a. the IDreviouslv existina ten'ace and goal). The proposed improvements are similar in size to those that were Dreviouslv aPProved, and are substantially vertically separated from the situate wetlands. In addition, the proposed improvements will not substantially alter the dwellin¢t or the sile, which has existed harmoniously with the nei.qhborhood for many years. Accordinqly, we believe that lhis 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 HI - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject lot and the surroundinq neiglhborhood cannot be deemed a substantial historic and/or archaeolo~lical resource. 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 surrounding area in that the proposed improvements will not substantially alter the appearance of the existinf:t dwellinq, which has existed harmoniously with the neighborhood character for many years with previously existina related appurtenances. Scenic resources, assumediy views of Marion Lake, are not at risk due to the fact that there is an existinq dwelling at subject parcel and the proposed improvements will not result in further obstruction of said views by the structure. Accordingly, this proposal 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 construction will in no way alter the situate wetlands or shoreline. The existing dwelling has not been threatened by fioodinq or damaqe from erosion. Accordingly, this proposal will comply 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 Applicable Policy 5 is not applicable in that it will have no effect to the water quality/supply within the surrounding area. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid 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 maintain the quality of the surrounding ecosystem in that the existing dwelling has been located at subject parcel for years without adversely affectina the surroundina ecosystem. In addition, the previously approved and constructed appurtenances resulted in no adverse effects to the situate ecosystem. Accordinqly, this proposal will comply with Policy 6. 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 in that the proposal is simply to improve upon an existinq dwellingj which will not result in any form of adverse effects to air quality. Accordinglly, this orooosal is not aDDlicable 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 This policy is not applicable in that the ~roDosal does not involve dis~)osal and/or translDortation 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 III - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Policy 9 is not applicable in that the proposal is attendant to a private properly. Reglardless, this project will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surroundina 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 Policy 10 is not applicable in that the proposal is simply to improve upon an existinq dwellinq which is not, and will not affect a water dependent use. 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 in that the proposal does not involve any form of marine resource manaqement (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 Policy 12 is not applicable in that the proposal does not involve a~ricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal aqricultural 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 in that the proposal does not involve the conservation of enerqy resources on ~ commercial level and/or the promotion of alternative enerqy sources, proper maintenance of fuel storagle facilities and/or the extraction of mineral extraction Attach additional sheets if necessary 5URVE'I" OF PROPERT'f 51TUATE.. EAST HARION tOl~I.. 50UTHO~ 5,UFI:OLK C, OUN'r'f, NY' IOO0-~I -~- II CI~TII=IEO TO~ HICH~L I~NIN NOTES: · HOt, IJHENT e PIPI~ AREA = 1~,165 .e,F OR 0~ A~ ~RAPHIC, SC. ALE I"= 20' 24' R.O.W. 210.0' Londt nova or Focmer/uj oF: N55o4?'20"E 132.12' S55o47'20"W 191.17' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERI-IEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-TIGER~ROSL09-202