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Home My WebLink About1000-70.-6-23 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: Jim King, President Toxvn of Soutbold Board of Trustees From: Mark Terry, LWRP Coordinator Principal Planner Date: December 10, 2007 Re~ Wetland Pen-nit for DANIEL & PASQUALINA BERKOWITZ SCTM# 70-6-23 DANIEL & PASQUALINA BERKOWITZ request a Wetland Permit to remove the existing above-ground swimming pool and deck, and construct an in-ground swimming pool and patio; construct 12'X 16' screened porch addition partially in-place of existing deck, steps, and walk to be removed, and construct new steps; establish a non-turf buffer; and install a pool drywell landward of Chapter 275 jurisdiction. Located: 3683 Pine Neck Rd., Southold. SCTM#70-6-23 The proposed pool has been reviewed to Chapter 268, Waterfront Consistency Review of the To;vn 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 CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. The proposed patio and screened porch have 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 thc 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 distance from the proposed patio to the wetland boundary (bulkhead) is 45 feetl the distance from the proposed screened porch to the wetland boundary is 73 feetl a minimum setback distance of 100 feet 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 the following best management practices (BMP's) are recommended: 1. Require a minimum 20' non-turf, native vegetation buffer landward of the wetland line. The BMP's will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below). Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. 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 . i WRP CONSIST :NC¥ ASSESSMENT 'ORM ,, INSTRUCTIONS I A II applicants f0r perm its* including r0w n 0f S0uth01d agencies, shall c0m plete this C C A F f0r proposed actions that aresubiectt0theT0wn0fS0uth01d Waterfr0ntC0nsistency Review Law. This assessmentisintendedt0 sapp]ement0therinf0rmati0n t~sed byaT0wn 0fS0uth01d agency in m a k in g a d ete 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 detaik listing both supporting and non- snpvortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. Be SCTM# 70 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 6 - 23 PROJECT NAME DANIEL & PASQUAL1NA BERKOWITZ NO'/ ] 5 L.J ~outhhold Iown -- Board of Trustees The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board [--] Building Dept. [-~ Board of Trustees [~ 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: REMOVE EXISTING ABOVE-GROUND SWIMMING POOL AND DECK, AND CONSTRUCT INGROUND SWIMMING POOL AND PATIO; CONSTRUCT 12' X 16' SCREENED PORCH ADDITION PARTIALLY IN-PLACE OF EXISTING DECK, STEPS, AND WALK TO BE REMOVED, AND CONSTRUCT NEW STEPS; ESTABLISH A NONTURF BUFFER; AND INSTALL A POOL DRYWELL LANDWARD OF CHAPTER 275 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY NATHAN T. CORWIN Ill, LAND SURVEYOR, LAST DATED OCTOBER 30, 2007. Loc~ation of action: 3683 PINE NECK ROAD, SOUTHOLD Site acreage: 0.647 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: DANIEL & PASQUALINA BERKOWITZ (b) Mailing address: 133 RAYMOND STREET DARIEN, CT 06820 (c) Telephone number: Area Code 631-765-8035 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [---] No [5~ 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. [ ¥es No Not Applicable 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 THE PROJECT 1S CONSISTENT WITH POLICY 3 INSOFAR AS IT SHALL ESTABLISH A NONTURF BUFFER TO BE PLANTED WITH NATIVE VEGETATION INPLACE OF AN EXISTING, MAINTAINED LAWN AREA UP TO 10 FEET LANDWARD OF AN EXISTING RETAINING WALL AND 8 FEET ABOVE MEAN SEA LEVEL, THUS RESTORING AND PRESENTING A MORE NATURAL APPEARANCE ALONG THE SHOREFRONT. 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 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 [~ Y es [~ No ~] Not Applicable THE PROJECT WILL RESULT IN THE PROTECTION AND IMPROVEMENT OF WATER QUALITY AND THUS BE CONSISTENT WITH POLICY 5 VIA THE FOLLOWING INCORPORATED MITIGATION MEASURES: 1) ESTABLISHMENT OF A NONTURF BUFFER UP TO 35 FEET LANDWARD OF THE SURFACE WATERS OF JOCKEY CREEK; 2) INSTALLATION OF A DRAINAGE SYSTEM OF DRYWELLS TO CAPTURE AND RECHARGE ROOF RUNOFF FROM THE EXISTING DWELLING STRUCTURE; AND 3) INSTALLATION OF A POOL DRYWELL DEDICATED TO CAPTURING POOL BACKWASH. 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 THE PROJECT WILL BE CONSISTENT WITH POLICY 6 DUE TO THE INCORPORATED MITIGATION AND PROTECTIVE MEASURES,OUTLINED ABOVE. 1N ADDITION, A PROJECT-LIMITING FENCE AND STAKED HAYBALES WILL BE INSTALLED ABOVE THE 10-FOOT ELEVATION CONTOUR DURING CONSTRUCTION TO CONTAIN ANY SITE DISTURBANCE DURING CONSTRUCTION. WITH RESPECT TO THE PROJECTS COMPLIANCE WITH TRUSTEES AND NYSDEC LAWS AND REGULATIONS, THE SWIMMING POOL EXCEEDS THE WETLANDS SETBACK SET FORTH IN CHAPTER 275 BY 7 FEET; THE PORCH ADDITION WILL BE 82 RATHER THAN 100 FEET FROM WETLANDS BUT PARTIALLY IN PLACE OF AND 1N LINE WITH THE EXISTING DECK AND THUS ENCROACH NO FURTHER UPON THE WETLANDS; AND THE WORK HAS BEEN EXEMPTED FROM THE DEC'S TIDAL WETLANDS JURISDICTION DUE TO ITS LOCATION LANDWARD OF 10-FOOT ELEVATION CONTOUR ABOVE MEAN SEA LEVEL. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Sonthold. 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. Yes ~-~ 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 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. 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 ER~E~M ROB ANN TITLE COASTAL MGMT SPECIALIST DATE 11/9/07 Amended on 8/1/05 JOCKEY CREEK S 80'57'39 ~ 49.73' , S 85'40'00' E ~'~ .5co 17.72' PROVIDE (2) S' dia. X 6' high STORM DRAIN POOLS --14 /16 x~ -- 20' wIDE ~ov 1 5 tO07 SURVEY OF PROPERTY SITUAT£D AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-06-25 SCALE 1"=20' MARCH 12, 2007 JUNE 15, 2007 PROPOSED POOL SEPTEMBER 18, 2007 ADDED FLAGGED WETLAND LINE OCTOBER 30, 2007 ADDED PROP, PORCH & STEPS AREA = 28,191.10 sq. ff. (TO TIE LINE) 0.647 mc. NO TES: 1. ELEVATIONS ARE REFERENCED TO N,G.V.D, 1929 EXISTING ELEVATIONS ARE SHOWN THUS:~x~ EXISTING CONTOUR LINES ARE SHOWN THUS: FFL -- F~RST FLOOR G F~ -- GARAGE FLOOR Te ~ TOP OF BULKHEAO 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36105C0166 G ZONE AE' BASE FLOOD ELEVATIONS DETERMINED ZONE X' AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. DATUM 5 _CERTIFIED TO: DANIEL BERKOWITZ PASQUALINA BERKOWlTZ PECONIC ABSTRACT INC. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK THE EXISTENCE OF RIGHTS OF WAY NYS, Lic No. 50467 Nathan Taft Corwln III Land Surveyor PHONE (651)727-2090 Fox (631)727 1727