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Home My WebLink About1000-104.-9-14 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY M~IIING 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 Ten'y, LWRP Coordinator Principal Planner Date: March 18, 2008 Re: Wetland Pernfit for IRA NAGEL SCTM#104-9-14 IRA NAGEL requests a Wetland Pemfit to construct a sxvimming pool, patio and planters. Located: 2200 Broadwaters Rd., Cutchogue. SCTM# 104-9-14 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 Fom~ 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. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. 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). 3. 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[~,ith 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 th~ Town of Southold's website (southoldtown.northfork.net) the Board Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. ',~ B. DESCRIPTION OF SITE AND PROPOSED ACTION: Ira NageI-Pool SCTM# 1000- The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X 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: X Wetland Permit for pool Nature and extent of action: pool constructed with a building permit and request proposed patio are within 100 feet of the edged of neighbor's wetland (allegedly less than 50 feet from "As built pool"). Pool is more than 100' feet from wetlands on the applicant's property. Neighbor's house, deck and hot tub closer to wetlands than applicant's pool. -- Location of action: 2200 Broadwaters Road, Cutchogue NY 11935 Site acreage: 2 acres Present land use: existing residence and pool under construction 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: Ira Nagel (b) Mailing address: 5 The Hunt, Saint James, NY 11780 (c) Telephone number: Area Code ( 646 ) 263-8241 (d) Application number, if any: AGENT: Patrieia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 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 dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes X No Not Applicable Property is developed with a single family residence, garage and cottage. Adjacent wetlands are on a neighbor's property which is developed with a house, deck and hot tub. 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 X No Not Applicable - pool will not impact historic or archeological resources. Site is previously disturbed with residential construction. Adjacent wetlands are not within owner's control. 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 YesX No Not Applicable The pool was constructed with a building permit, wetlands on applicant's property are more than 100 feet away. 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 X No Not Applicable proposed pool will incorporated protection from flooding and erosion control. Hay bales will be installed. 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 X No Not Applicable pool will not impact water quality provided back wash properly drained. 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 X No Not Applicable Protection of wetlands is maintained- hay bales will prevent erosion during construction. Patio and Landscaping already has incorporated use of native drought tolerant plants. 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable X No impact on air quality. 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 X No Not Applicable Proposed addition will not increase sanitary requirements or generate hazardous waste. 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 X accessory pool for Private single family residence. 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 X No Not Applicable The property is privately owned- pool is for recreational use of family. 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 X No Not Applicable pool and patio is more than 100 feet from edge of wetlands on the subject property, however, wetlands on adjacent improved property is less than 100 feet, however, all activity is above the 10' contour. 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 Not Applicable X Land is on Nassau Point- and not contiguous to agricultural lands. Land is fully developed 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 X No use of energy resources beyond existing use by existing dwelling. AP, PR~?VED AS NOTED FEE:'~ J'~ NOTIFY BUILDING DEPARTMENT AT 765-1802 8AM TO 4PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2, ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. OCCUPANCY OR USE IS UNLAWFUL WITHOUT CERTIFICATE OF OCCUPANCY ALL CONSTRUCTION SHALL '~1~:~ H~: REQUIREMENTS OF THE COMPLY WITH CHAPTER "46" FLOOD DAMAGE PREVENTION SOUTHOLD TOWN CODE. "IMMEDIATELY" ENCLOSE FOOL TO CODE UPON COMPLETION BEFORE "WATER" COMPLY WITH ALL CODES OF NEW YORK STATE & TOWN CODES AS REQUIRED AND CONDITIONS OF ( ~ ~ JA'~ SOL~HOLDTG',¥N ZBA lkJ IH) SOUTHOLD TOWN P~,NNING BOARD ~ Cd-[~ ~OUTHOL~,.,%NTRUSTEES ~ N.YS. DEC UNDERWRITERS CERTIFICATE REQUIRED RETAIN STORM WATER RUNOFF PURSUANT TO SECTION 45-10C OF THE TOWN CODE. ¥,,~Jl,~ ~ 'Il* Sch~Deder 10740. Soundv±ew Ave REVISED 5/03 FEB 15 2008 Southhdd Towa Joseph A. Ingegno Land Surveyor PHONE (651)727-2090 Fox (651)727-1727 5 %5 SURVEY OF P/O LOT 365 & P/O LOT AMENDED MAP A OF NASSAU POINT OWNED BY NASSAU POINT CLUB PROPERTIES. FILE No. 156 FILED JUNE 28, 1922 SITUA TED A T NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-104-09-14 SCALE 1 "=2C~ .... FEBRUARY 3, 2001 266 [NC AREA = 25,697,21 (TO n£ UNE) 0.544 ac. CERTIFIED TO' RICHARD FEVOLA sq. ft, NOTES 1. ELEVATIONS ARE REFERENCED EXISTING ELEVATIONS ARE EXISTING CONTOUR LINES 2~ .442 34 TO N.G.V.D. 1929 DATUM SHOWN THUS:5,, ARE SHOWN THUS: O - >