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Home My WebLink About1000-118.-6-7 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: December 6, 2007 Re~ Request for Wetland Permit for LINDA & MICHAEL GAMBARDELLA SCTM# 118-6-7 LINDA & MICHAEL GAMBARDELLA request a Wetland Permit to install a 16'X 36' in- ground swimming pool and masonry pool patio; install a pool-enclosing fence; and establish a variable width (21 '-28') non-turf buffer to be planted with native vegetation between the existing bulkhead and 14' elevation contour; construct a two-story addition to the existing two-story, one- family dwelling; install a hot-tub; replace the roof on the existing garage; and install a drainage system of drywells and upgrade sanitary system. Located: 9480 Nassau Point Rd., Cutchogue. SCTM# 118-6-7 The proposed pool 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following Best Management Practices are applied to further the policies: 1. Maintain a 30 foot non turf, native vegetatiou buffer landward of the bulkhead. The proposed patio and two story addition 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 infom~ation provided on the LWRP Consistency Assessment Form submitted to this depm~ment, 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 regulator): 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 to the proposed masonry patio from the wetland boundary is 60 feet; the distance to the proposed addition from the wetland boundary is 83 feet; a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3.Findings; purpose; jurisdiction; 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) are recommended: 1. Require a 30 foot non-turf, native vegetation buffer landward of the wetland boundary. 2. Require drywells to contain runoff from the patio and the pool. 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 Sd'athol~ INSTRUCTIONS pletethisCCAF l~ A II applicants f0r perm its* including Tosv n of S0uthold agencies, shall corn proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. assessmentisintendedtosupplementotherinformafionusedbyaTownofioutholdagencyin m a k in g a d e to r m in a fi0 n 0 f c o n s is ten 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 eack 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, listin~ both supporting and non- snoportin~ facts. 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 (southotdtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. SCTM# lis 6 _ 7 PROJECT NAME Lmr)A & MICHAEL GAMBARDELLA The Application has been submitted to (check appropriate response): !!07 1 5 Southhold Town Board of Trustees DESCRIPTION OF SITE AND PROPOSED ACTION TownBoard [--] PlanningBoardr--] Building Dept. F-] BoardofTrustees[~ 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: Administrative Wetlands Permit requested pursuant to §275-5(B)(1), §275-5(B)(2)(e), and §275-5(B)(3) of the Town Code for the construction of a 16' x 36' inground swimming pool and masonry pool patio; installation of a pool-enclosing fence; and establishment a variable width (21' to 28') nonturf buffer to be planted with native vegetation between the existing bulkhead and 14-foot elevation contour (approximately 1,375 square feet), all as depicted on the site plan prepared by Mark Schwartz, AIA, dated November 8, 2007. Letter of Non-Jurisdiction requested pursuant to §275-3(C)(5) of the Town Code for the construction of a two-story addition to the existing two-story, oneffamily dwelling; installation of a hot tub; replacement of the roof on the existing garage; and installation of a drainage system of drywells and upgraded sanitary system, as all such work will occur more than 100 feet from the wetlands boundary/tidal waters of Great Peconic Bay and thus beyond the jurisdiction of the Board of Trustees. Location of action: 9480 NASSAU POINT ROAD, CUTCHOGUE Site acreage: 1.0 ACRES 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: LINDA & MICHAEL GAMBARDELLA (b) Mailing address: 19 WESTBURG ROAD GARDEN CITY, NY 11530 (c) Telephone number: Area Code 516-742-8007 (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. [--]Yes ~] 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 [5~ 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 ['--] Not Applicable The project is consistent with Policy 3 insofar as it shall establish a 21 to 28-foot wide and approximately 1,375 s.f. nonturf buffer to be planted with native vegetation between the existing bulkhead and 14-foot elevation contour, which will restore and present 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 ~ Yes ~ No ~-~ Not Applicable The project will protect and improve water quality and thus be consistent with Policy 5 through the establishment of an approximately 1,375 s.f. nonturf buffer to be planted with native vegetation in place of existing, maintained lawn areas upslope of the tidal waters of Great Peconic Bay and the installation ora drywell dedicated to the capture of pool backwash. An upgraded sanitary system and drainage system of drywells will also be installed more than 100 feet from wetlands in association with related work occurring beyond Chapter 275 jurisdiction. 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 V~ No ~ Not Applicable The project will be consistent with Policy 6 due to the incorporated mitigation and protective measures outlined above and because a project-limiting fence and staked haybales will be installed to contain site disturbance during construction. With respect to compliance with Trustees and NYSDEC laws and regulations, the proposed work within wetlands jurisdiction exceeds the recommended wetlands setbacks in Chapter 275 and together with the proposed nonturf buffer is considered work that is consistent with the Board's policies regarding the protection of wetland resources (§275-5(B)(1)); the work has been exempted from the DEC's Tidal Wetlands Land Use Regulation due its location landward of a pre-1977 functional bulkhead. 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 [5~ 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 ~ NoR Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Po. licy 10; Protect Southold's water-dependen.t .uses and promote siting of new wat.er-depen.dent uses in suitable locations. See LWRP Section IH - Pollcaes; Pages 47 through 56 for evaluation cratena. Yes I--] No [~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resonr~:es in Long Island Sound, the Pecooic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [--] Yes [-~ No [5~ 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 [5~ 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 [5~ Not Applicable PREPARED BY ~ . ROBERT',It;. HERRMANN TITLE COASTAL MGMT SPECIALIST DATE 11/13/07 Amended on 8/1/05 PARTIAL SECTION {OL) 1~ Isc) ~,~ -,~_~ ~ .... ~ _ PROPOSED SEPTIC SYSTEM DETAI~ :': (PATIO AT GRADE) STRAW BALE DIKE DETAILS FINAL GRADING AND BACKPILLING (SP] WAT[R IN BROWN FINE TO MEDIUM SAND 17' TEST HOLE DATA DATA SUPPLIED BY: McDONALD GEOSCIENCE BOX IO00, SOUTHOLD, NY 117Ml(&31) 765-BG77 SCTM# 1000-11D-06-007 NOV 15 2007 $outhhold Town 7 --I t~ 7 >- t= S-I