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Home My WebLink About1000-74.-1-1 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 Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Principal Planner Date: February 26, 2008 Re: Wetland Permit for GREGORY K. JOHNSON SCTM# 74-1-1 Patricia C. Moore, Esq. on behalf of GREGORY K. JOHNSON requests a Wetland Permit to construct a single-family dwelling and new sanitary system. Located: 2870 Henry's Lane, Peconic. SCTM# 74-1-1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Toxvn 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 following Policy Standards and therefore is CONSISTENT with the LWRP. To further the policies of the LWRP the following is recommended. 1. The wetland is connected to a larger system. Require a non-disturbance buffer (retaining the trees) adjacent to the wetland area and nearest to the subject property. The BMP 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 benveen 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. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This 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. 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 Waterfi'ont 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 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 SCTM# 1000-74-1-1 ( Gregory K. Johnson) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 JAN 2 2 2008 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X Zoning Board of Appeals Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] ,[ % ........ ~ ....................... Financial assistance (e.g. grant, loan, subsidy) [] [.... ~:~ ~ ~ Permit, approval, license, certification: [] Type: Trustees Perh~'it ~ FEB -] 2008 Town of Southold LWRP Consislency Assessment Form Nature and extent of action: Proposed construction of single family residence and sanitary complying with all energy and environmental standards, more than 100 feet from edge of freshwater wetlands. Private drinking well within 100 feet due to Health Department regulations of separation of well from sanitary, drywells and gutters added to new house Location of action: 2870 Henry's Lane, Peconic Site acreage: 42,440 sq.ft. Present land 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: Gregory K. Johnson (b) Mailing address: 3007 Avenue F, Holmes Beach Florida 34217 (c) Telephone number: ~ c/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ 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 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The proposed construction of the single family dwelling will comply with 100 foot setback. The private well must comply with Health Department standards and is closer to edge of wetlands. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Town of Southold LWI~° Consistency Assessment Form 2 Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The construction of a new house provides for gutters and leaders which control drainage and provides for proper sedimant control. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The construction of a new residence will meet flood standards and hurricane code compliance. Freshwater wetlands created by man made dikes and clay soils. Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate).' The proposed house is designed to prevent discharge of runoff into surface waters through use of drywells and leaders. After construction the property will be landscaped with native and low-fertilizer dependent plant species which will reduce nitrogen loading from the site. Policy 6. Protect and restore the quality and function of the Town of SouthoM ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The distance of the house and sanitary to the wetlands meets stated LWRP policies and is more than 100 feet from edge of wetlands. Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III- Policies Pages; 34 through 38for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 3 Yes [] No [] Not Applicable X Discussion (ifappropriate):No impact is anticipated to air quality by construction of a single family dwelling. 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 38for evaluation criteria. Yes × No [] Not Applicable [] Discussion (if appropriate): The proposed construction of a home will meet environmental requirements since 100 foot setbacks are maintained. 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 L ~'RP Section Ill- Policies; Pages 38 through 46for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriate):The parcel is private. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Residential Homes are the primary use in the Town of Southold. Southold has limited commercial development and the taxes that new single family homes pay is disproportionate to the services they demand. The construction of the single family house is an al~prooriate and reco~,nized nermitted use in the Town of Southold,. 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 62for evaluation criteria. Yes X No [] Not Applicable [] Town of Southold LWRP Consistency Assessment Form 4 Discussion (if appropriate): The construction of new home promote and enhance marine resources because new construction is environmentally friendly and all the reeulatorv aeencies control the nroiect to prevent degredation of the environment. Policy l2. Protect agricultural lands in the Town of Southolct See L WRP Section lll- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See LPVRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate):As stated before, the house will be constructed with energy efficient materials and safety standards. Residential development is a recognized permitted and encouraged use in the Town of Southold. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 TOINN: 5.DUTHOLD SUFFOLK 60UNTY, NY ~ ~<~r ~ TYPICAL RETAINING WALL / ~*~"i ~ CROSS SECTION e,~% ~. ~ JO~ C. E~ERS L~ S~YOR