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HomeMy WebLinkAbout1000-10.-11-8.1 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 Tmvn of Southold Board of Trustees Mark Terry, Principal Plamler ~ LWRP Coordinator Date: November 8, 2007 Re: Request for Wetland Permit for MARY PANKIEWICZ MARY PANKIEWICZ requests a Wetland Permit to demolish the existing single- family dwelling, abandon the existing sanitary system and well, demolish the existing garage, remove portions of existing driveway and to construct a new single-family dwelling with gutters leading to drywells, sanitary system, and new water service. Located: Peninsula Rd., Fishers Island. SCTM#10-11-8.1 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. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect aud restore tidal aud 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 tidal wetland line is 77 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: Require a 30 foot non disturbance buffer to be planted with native vegetation, landward of the wetland boundary, with a four foot wide path to access existing dock. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written detemfination regarding the consistency of the proposed action. Town ofSouthold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, ar. Il - -' ~'~a~"'~'~ ~'~'L' -- :.~.~.,~,~,~ uu~ ~m Ior proposed actions that are subject to the Town of Sonthold Waterfroat C.0..n~. '~~--Tlai& assessment is intended to supplement other information used b~ a q'own of Southold ageficy i~ 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 fist, policies and explanations of each policy contained in the Town of Sonthold Local Waterfront Revitalization Program. A proposed action will be evalo_~ted as to its siL3nificant 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 end, if necessary, modified prior to making a determination that it is consistent to the nmximum 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 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 B. DESCRIPTION OF SITE AND PROPOSED ACTIO SCTM~ 010 . 11 . 8.1 The Appficalion has been submitted to (check appropriate response): . 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) [-~ Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Please see attached project description Applicant: Mary Pankiewicz. Location: Peninsula Road, no #, Fishers Island S.C.T.M.No. 1000-010-11.8.1 Applicant proposes to demolish an existing single family dwelling, which is located 61' landward of the Tidal Wetlands Line and 117' t~om the Freshwater Wetlands Line. To abandon existing septic system located 53' landward of the Tidal Wetlands Line, abandon the existing well, demolish existing garage located 53' landward of the Tidal Wetlands Line and 78' landward of the Freshwater Wetlands Line, remove portions of existing driveway and to construct a new single family dwelling located 77' landward of the Tidal Wetlands Line and 95' landward of the Freshwater Wetlands Line. To install a new septic system which shall be located 120' landward of the Tidal Wetlands Line and 100' landward of the Freshwater Wetlands Line, to install a new water service. The proposed single family dwelling shall contain roof leaders leading to drywells and a continuous line of staked hay bales and silt fencing shall be installed prior to the commencement of construction activities and be maintained until the project has been completed. The proposed line of hay bales shall establish the "Limits of Clearing, Grading and Ground Disturbance" all work according to plans prepared by CME Associates Engineering, Land Surveying and Architecture, PLLC last dated 5/4/07. As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. The project activities shall be "concentrated" on a site where similar activities (single family dwelling) currently exist. The project does not involve agricultural land nor will open space be utilized or impacted. I believe that this project is consistent with this policy because the project will not result in a negative impact upon the desired development pattern of Locationofa&Nion: Peninsula Rd,no#, Fishers Island Site acnm~: 54~ 676 sf ~t~US~: existing single family dwelling Prese~lt ~i.g c~fion: R-80 ~ ~ ~p~ f~ ~e p~ ~ ~ ~ ~ ~ ~ To~ of ~ld ~, ~ ~g (a) N~eof~t: Mary Pankiewicz (o) Tc]~h~n~~( I 631-788-7250 W~ ~e ~on ~ ~ ~ ~ ~ ~Y a ~ ~ ~ ~ Y~ ~ No~ ffy~,w~chs~teor~~? N~SnEC DEVI~.II)PED COAST POLICY Policy 1. Foster a pattern of development in the Town of Soutkoid timt enlumces community charaeter, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimig~s adverse effects of development. See LWRP Sectionm- ro ae,; ~ for evaluation criteri~ [] Yes ~ No ~ Not Applicable Attach additional sl~e~s if nece~uy Policy 2. Protec4 and ~e ~ ~d ~ ~ of ~ Town ~ ~d. S~ L~ ~n m - Po~i~ P~ 3 ~u~ 6 for e~ua~n cfi~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes [] No [] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from floodln~o and erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [] No ~-~ 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 Attach additional sheets if nceessaty Policy 6. Protect and restore the qoa!~ty and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~'~ No [] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southuid. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria. ~ Yes [] NO ~ Not Applicable Attach additional sheets if necessary Policy g. Minimize environmental degradation in Town of Southuid from solid waste and ha,ardous substances and wastes. Sec 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 HI - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye~-~ No ~ Not Applicable 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 III - 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 II1 - Polieles; Pages 62 through 65 for evaluation criteria. Yes ~ No [-~ Not Applicable Atlaeh additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Polieles; Pages 65 through 68 for evaluation criteria. Cd Yes [] No Not Applicable Created on 5/25/05 11:20 AM Applicant: Mary Pankiewicz Location: Peninsula Road, no #, Fishers Island S.C.T.M.No. 1000-010-11.8.1 Applicant proposes to demolish an existing single family dwelling, which is located 61' landward of the Tidal Wetlands Line and 117' from the Freshwater Wetlands Line. To abandon existing septic system located 53' landward of the Tidal Wetlands Line, abandon the existing well, demolish existing garage located 53' landward of the Tidal Wetlands Line and 78' landward of the Freshwater Wetlands Line, remove portions of existing driveway and to construct a new single family dwelling located 77' landward of the Tidal Wetlands Line and 95' landward of the Freshwater Wetlands Line. To install a new septic system which shall be located 120' landward of the Tidal Wetlands Line and 100' landward of the Freshwater Wetlands Line, to install a new water service. The proposed single family dwelling shall contain roof leaders leading to drywells and a continuous line of staked hay bales and silt fencing shall be installed prior to the commencement of construction activities and be maintained until the project has been completed. The proposed line of hay bales shall establish the "Limits of Clearing, Grading and Ground Disturbance" all work according to plans prepared by CME Associates Engineering, Land Surveying and Architecture, PLLC last dated 5/4/07. As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. The project activities shall be "concentrated" on a site where similar activities (single family dwelling) currently exist. The project does not involve agricultural land nor will open space be utilized or impacted. I believe that this project is consistent with this policy because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. Policy 2. I believe that this project is consistent with this policy because the project shall not have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Peconic Bays. The reason for this is that the project site has previously been "disturbed" and developed. The property itself was previously disturbed when the existing dwelling was constructed. Policy 3. I believe that this project is consistent with this policy since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed single family dwelling has been designed based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number of reasons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase or decrease in the pH, the dissolved oxygen or nutrients in the waterway and there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. The project does not involve watershed development or the quantity or quality of potable water. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent area of tidal wetlands by the destruction of habitat or significant impairment to the tolerance range of any species offish or wildlife. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I believe that the project is consistent with this policy. The project shall involve the disposal of solid waste or debris which shall be disposed of properly. There are no hazardous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Nor will the project have impacts upon the public's right of access along the shoreline Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent commercial, industrial or recreational uses of the Peconic Bays. Nor is the project located on Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term ma'mtenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources. ~ KNOCKOUT INLET AND ~ TO G~DE TO WEST (GR~T) HARB =' -- :'' '-'": BY: a. STROUSE PE. LS 06/1./07 1/2' PER F~T DIST. BOX OUTLET = 13.5 Unified Sails ClossificoUon (USC) System (from ASTM D-2487) ~ ~ L~CHING POOLS- S~ BOSOMS AT EL. 7.5 Major Division: Coarse-Groined Soils, Sand and Sandy Soils, Clean Sand (Little ~ or No Fir,es)-Clean Gravels (Little or No Rnes) Croup Symbol: SW, Well Graded ' , ,' LOC~O , ~ISTING SYSTEM TO BE LOCATED, PUMPED AND STRUCTURES ~ENCH~K-IRON ROB s ~- ~ FILLED Wl'a ~ND OR GRAVEL, W~~5'[ 7%' l°// ROADWAY TO PENIN*U~ POINT; SCALE I 'N.:~O rT.; B~ CHANDL~. ~ PALME., 3.47 / 3.) SURV~ MAP PREPARED FOR JOSEPH ~~~ ~"~/ ~J / t/ ;J Il I~ *.) SUR~ MAP PROPER~ TO BE CONV~ED TO L I~ON PI~E ~ I USE (2) - 6'¢ X 4' DEEP DRY WELLS. BASIN GRA~ TO ~ADE H R-2525-F) OR EQUAL ~ U~ ~ ~__j ~ ~ J ~ ' o ' 1" STONE OR e ~ 0 ~ e 2.) IT IS A ~O~TION OF THE STATE EDUCATION ~W FOR ANY PERSON, UNLESS ~ORMWA~R O~E~ D~NL s' 33 ONLY COPIES Or THIS SUR~ MARKED ~TH THE ~ND SURV~OR'S / ~ "~~ COVE CORP ~ /~ ~0~ ~ ~ Il ~ SURV~ TRIANGU~TION STATION "PROS" ~ ~q~'T~ ~'~ ~ ~ ~ I Z 5.) SITE IS IN THE TOWN OF SOUTHOLO, COUN~ O~ SUFFOLK T~ MAP 1000, / oJ~ *'. ". ~ % I 7.) SITE IS LOCATED IN R-BO ZONE. / FIEC ~ ~ ~. '~ Z~E ~ (~0)~ ~ ~ ~ ~ k,a~- ~ ~45~ 8.) APPLICANT: ~RYpo BoxPANKIEWICZ422 iI . [ .,i ., ' 12.) PERCENT OF LOT CO~RAGE-EXISTING- QUALI~ CONTROL CERTIFICATION % x ~ ~ / , , , ~ EXISTING TREELINE FILE 34958 I , ,i i , , , , , , ,, , u--u KNOCKOUT INLET ~./~ OUTLET OPENINGSAND RIBS INSIDE-/------~