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HomeMy WebLinkAbout1000-104.-3-8 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 ro~ James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 7, 2008 Re~ Request for Wetland Permit for ROBERT FRIEMANN SCTM# 104-3-8 ROBERT FRIEMANN requests a Wetland Permit to construct one-story, two-story, second-story, garage, porch, and deck additions to an existing one-story, one-family dwelling; remove existing concrete patio; install a drainage system of drywells; and remove an existing sanitary system to be replaced with an upgraded sanitary systenr located a minimum of 100' from wetlands. Remove and replace (in-place) an existing timber retaining wall with a stone retaining wall to be raised 18" to el. 9.5' MSL; place approx. 60 cy. clean sand landward of new retaining wall to decrease the slope between the dwelling and shoreline; and establish over same area a 23 '-40' wide and approx. 3,126 sq.ft, non-turf buffer to be planted with native vegetation in place of the existing lawn. Located: 2935 Pine Tree Rd., Cutchogue. SCTM#I04-3-8 Please note: the setbacks on the survey are from the edge of tidal wetlands not from the jurisdictional boundary which is the retaining wall. 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 SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and reco~mnendations as set forth in Trustee permit conditions. The distance from the retaining wall to the proposed deck is 24 feet; the distance from the retaining wall to the proposed two story addition is 37 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 practicable. If the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold: 1. Require a pervious driveway to increase filtering capacity for runoff. 2. Require non-chemically treated lumber for the deck. 3. Require a planting plant that specifies the plants in the proposed buffer. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits* including T0wn0fS0uth01d agencies, shalic0mpletethisCCAF for p.r0p0sedacti0nsthataresubjectt0theT0wn0fS0uth01d Waterfr0ntC0nsistencyReview Law This assessmentisintended to supplement0therinf0rmati0n used byaT0wn 0fS00th01d 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 detail, listing both supportin~ and non- sul~portine 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 (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 r, 2 ~ SCTM# 104 3 - 8 PROJECT NAME ROBERT FRIEMANN The Application has been submitted to (check appropriate response): TownBoard ~1 PlanningBoard~"-} Building Dept. ~'-] 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: Construct one-story, two-story, second-story, garage, porch, and deck additions to an existing one-story, one-family dwelling; remove existing concrete patio; install a drainage system of drywells; and remove an existing sanitary system to be replaced with an upgraded sanitary system located a minimum of 100 feet from wetlands. Remove and replace (in-place) an existing timber retaining wall with a stone retaining wall to be raised 18 inches to el. 9.5'MSL; place approximately 60 cubic yards clean sand landward of new retaining wall to decrease the slope between the dwelling and shoreline; and establish over same area a 23' - 40' wide and approximately 3,126 square-foot nonturf buffer to be planted with native vegetation in place of the existing lawn, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated December 12, 2007. Location of action: 2935 PINE TREE ROAD, CUTCHOGUE Site acreage:. 0.734 Preseflt 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: ROBERT FRIEMANN (b) Mailing address: 194 EAT SHORE ROAD HUNT1NGOTN BAY, NY 11743 (c) Telephone number: Area Code 631-425-4858 (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 thc 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 Southoid 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. I--lYes ~ 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 V--'] Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic r~lown lrf~uthold. See LWRP Section III - Policies Pages 6 through 7 for/~a41iation crit~ri~a~ ~" ~ [~ Yes [~ No [~ Not Applicable / / / The project is consistent with Policy 3 insofar as it shall e¥~blish a 23~d approximately 3,126 s.f nontur,f~uffer between the existing retaining wall and dwelling, which shall be planed with native vegetation and thus restore and present Core natural appearance along the shoreline. ~ ~/~.J 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 lIl- 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 3,126 s.fi nonturf buffer to be planted with native vegetation in place of the existing maintained lawn area landward of the existing retaining wall. The surface water runoffabsorption capacity of this area will be increased not only by the replacement of lawn with native vegetation but also via the raising of the retaining wall and placement of fill behind it to decrease the slope from the dwelling tot he shoreline. Water quality will be further improved via installation ora drainage system ofdrywells to capture and recharge roof runoffand installation of a new, upgraded sanitary system to be located more than 100 feet from tidal wetlands. 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 is consistent with Policy 6 due to the incorporated mitigation and protective measures outlined above (see Policy 5) 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 NYS DEC laws and regulations, the work has been exempted from the DEC's Tidal Wetlands Land Use Regulations due to its location above the 10-foot elevation contour above mean sea level. Due to the location of the preexisting house, the additions cannot be located more than 100 feet from wetlands, but any potential impacts will be mitigated as described above. 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. Sec 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. 1--] Yes ~] No [~ 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 [~ Not Applicable PREPARED BY ROBE'KNI~,. HERRMANN TITLE COASTAL MGMT SPECIALIST DATEoEc. ~7, 2007 Amended on 8/1/05 ~JW. VtS¥ OF: LOTS 8 AND Cl "HAP OF NASSAU FAP-.MS' ,, FILED NIAI~_C,H 28, IqD5 FILE No. II-/q ~ITUATE.- PEC, ONIG TOINN: ~::FOLK C.I~N~, NY EIJRVEYEI> 10-2q-2006 TOPO 0~-21-200-1, 10-12-200] 11-10-200~, 12-12-200~ 5~H=OLK F_Z2UNI'T TAX It IOOO- 104-~- 8 SITE DATA: EXISTIN~ D E~EDI:N;N~M ~ TO ~ 4 I~ED~OOM ~ · MONUMENT F~ 0 PIPIE FOUND ~!/~ELLING N87°01'20~S LIN~ OF EVDR~EENG NO~ t~ TO t~ ¢I~ ~,tITH NATIVI~ 282.85' 5TA!~EO HA'f~,ALE~' Ah~ Fh~OJEGT N - 2O pBIELLIN® F'UBL I C- PIATEF~ BAY AV~qU~ E)~IELLIN® ~ IAIELL IN BA&Eh4ENT E JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STRF. FtF N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.--C:NDoc,,m,~,~ and Settings~Ad.~Ni;.~h .!,,r~,e.~k.