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HomeMy WebLinkAbout1000-56.-5-26 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Planner Date: May 7, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for JUDY TEEVAN & PAULA DIDONATO SCTM#56-5-26 Patricia C. Moore, Esq. on behalf of JUDY TEEVAN & PAULA DIDONATO requests a Wetland Permit to replace wood decking around pool, wood deck, wood walkway and wood retaining wall with bluestone pavers and 8" concrete retaining wall to pool deck level. Located: 325 Willow Point Rd., Southold. SCTM#56-5-26 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 LWRP policy standards and therefore is INCONSISTENT with the LWRP. The actions proposed are with in the minimum 50' setback of the tidal wetland boundary pursuant to § 275-3 and therefore the actions are inconsistent with LVO1P sub-policy 6.3. 6.3 Protect and restore tidal and freshwater wetlands. A. 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. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005] The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: Wetland boundary. [5] Swimming pool and related structures: 50feet. [6] Landscaping or gardening: 50feet. If the action is approved the following best management practice (BMP) is recommended: 1. Require the applicant to maximize a perpetual, non-turf vegetated buffer landward of the existing bulkhead. The BMP will further sub-policy 63 D, E, and F as outlined below. 6.3 Protect and restore tidal and freshwater wetlands. In addition to protecting and improving the Town's wetlands, adjacent lands that provide buffers to wetlands must be maintained and enhanced, and where appropriate, reestablished. These buffers are necessary to ensure the long term viability of the Town's wetlands. Where these lands are in private ownership, educating residential owners as to the long-term benefits of compatible land use and landscaping techniques will be essential to maintaining the ecological health of wetland areas. D. 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. The adequacy of the buffer depends on the following factor: 4. Buffer width necessary to achieve a high particulate filtration effficiency of surface runoff as determined by vegetative cover type, soil characteristics, and slope of land. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. F. Restore tidal wetlands and freshwater wetlands, wherever practical, to foster their continued existence as natural systems by: 4. protecting lands adjacent to wetlands from alterations so as to maximize natural buffers to wetlands. Pursuant to 268-5 (H) Waterfront Consistency Review, if the agency (Trustee's) makes a contrary determination of consistency, the agency shall respond in writing, describing the manner and extent to which the action is consistent with the LWRP. § 268-5. Review of actions H, In the event the L WRP Coordinator's recommendation is that the action is inconsistent with the L WRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS (Teevan & DiDonato) 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 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 Teevan & DiDonato (replace deck with pavers) SCTM# 1000- 56-5-26 325 Willow Point Road, Southold The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X 1. 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: replace existing wood decking around pool, wood deck, wood walkway and wood retaining wall with bluestone pavers with 8" concrete retaining wall for pool and deck landward of wood retaining wall (to be removed) Location of action: 325 Willow Point, Southold Site acreage: .5 acre Present land use: house, pool, decking, bulkhead Present zoning classification: r-40 2. 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: Judy Teevan and Paula DiDonato (b) Mailing address: 325 Willow Point Road, Southold NY 11971 (c) Telephone number: Area Code ( ) 765-5043 (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 2 for evaluation criteria. XYes No Not Applicable Waterfront property wishes to replace existing wood deck and retaining wall landward of existing bulkhead with blue stone pavers and concrete retaining wall which enhances waterfront property and provides recreational use of owners property. 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 X Not Applicable- no archeological remains residential property 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 X Yes No Not Applicable Property located on Willow Piant (Canal off of Budd's Pond)which is fully developed. Plan is compatible with waterfront development on Willow Point 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 X Yes No Not Applicable Minimum disturbance replacing existing structure. Property has bulkhead. Atach 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 X No Not Applicable X No change 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. X Yes No Not Applicable minimum loss or impact to coastal habitats- landward of 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable- no air quality issues 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 X Not Applicable- proposed patio no impact on solid 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. XYes No Not Applicable Proposed blue stone patio will promote use of waterfront Attach additional sheets if necessary WORK1NG 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. X Yes No Not Applicable proposed patio will promote use of private waterfront and open space 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. XYes No Not Applicable patio with blue stone pavers in sand and stone dust is designed to minimize impact on Peconic estuary Attach additional sheets if necessary Attach Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable no agricultural land 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 X Not Applicable no energy consumption </div> / TOY/N OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE 5OUTHOLD, N~ Y. BUILDING PERMIT Cl'HIS PER~IT MUST BE KEPT ON THE P~F_~ISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) L 9281 Z Permission is hereby gronted to: ~ ,~...,.~...~.~......~......~.,.~..~, ' Building Inspector I ' ' TO~ OF $Oly£t~OLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at /~J~,~2 p/~. ~-x~, ...... Street Map No.{AJ ~.~.~. BlockNo... . confo~s substantially to ~e Application for Building Petit h~fore ffl~ in ~is office dated ..../,~ ~ , 19 ~F pursuit to whi~ B~g Pe~it No. ~.~/.~ dated ... ~ ~ ... , 19.~., was issue, ~d confo~ ~ ~ of ~e mq~ t/ ments of th~applicable pro~sions of the law. The occup~cy for whi~ ~ ce~ficam h (o~er, ~~) of the aforesaid building. Suffolk County Department of Health Approval ./'J ' I.~ ' .................. UNDERWRITERS CERTIFICATE No../~. ~. ~..~ .0.~". ..... ·..~... (?.../~.~ .~.. HOUSE NLrM~ER . ~ ~.0~.,, Street .~J.~..~...O~.'..~., .~,.. ,, ~ ~ THE NEW YORK BOARD' OF FIRE UNDERWRITERS~ , , Cllf~ Oo~ne11, Willow Point Rd., Southold, 'G.I.. ~' '""'" ~ Panelboa~d/s: 1-2ci~. lOOamps. (Swimming Pool) ~s certificate eove~s oompliance a~ ~he ~a~e of l~pec~lon o~. Because of unusu~ enviro~en~s it is advisable have frequen~ ~ee~ and/o~ rep~rs ,,made by a qu~lfie~ person. Southold~ L.I. 11971 , : '~, ,,, ' Li.578E-',,, :.-~,-,t,: -, , Examined ............ ~. ......... 19~ Approved ......................................... 1911!~.ii BUILDING DEI'AKTMENT , ~" // TOWN CLERK'S OFFICE ~'~-~- ,/,~/ SOUTHOLD, N.Y. , .!~*-~,:~,~--~ ........... ......... APPLICATION FOIt BUILDING pERMIT Date ........... .,~.~.~.~..~ .............. ~9...~..~.... INSTRUCTIONS o. This apphcahon must be completely filled m by typewriter o~' in ink and submitted in triplicate to the Buildi~ Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plat plan showing location of lot and of buildings on premises, relationship t.o. adjoining, premises or pu.blic st.ree~ m areas, and giving a detailed descr,ptian of layout ofpragerty must be drawn on the dmgram whsch is part of th~s apphcot~an. c. The work covered by this apphcation may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector w~li issue o Building Permit to the oppl~caat. Such pe~mil shall be kept on the premises available for inspection throughout the work. e No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occuponc~ shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance ~ a Building Permit pursuant to th,_' Buildlng Zone Ordinance of the Town of Southold Suffolk County, New York, and other applicable Laws, Ordinances o, Regulations, for the construction of buildings, additions or alterations, or for removal or. demolition as herein described The apphcant agrees to comply with all ppplicab~e laws, ordinances, building co~e, hous~ng, cede, and regulations, and t, (Si~oture of applicant, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ................................... ~...e....E....~...T.. ......................................................................................................................................... Nome of owner of premises ........~.~.[..~...~.~..~.~......~...:..~w~O.,~..~..~R .~..Gr ....................................................................... If apphcant is a coq0omte, sigr~ture of duly authorized officer. (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No ................................................. Electrician's License No ............................................. Locat,on of land an which proposed work will be done. Map No....'~-.~.?.~..~-. ................... Lot NO........~'~,.~.. ......... Street and Number ..~.~.~.....~X~.~.~.~.~.4~..~.~; ................................ Mmlclpali~ State existing u~ o~ ~cu~n~ of pmmls~ and intended use and ~u~ncy of proud c~tmeti~: a. ~isit]ng u~ and ~cupo~ ............... ~..~..' ........................................................................................... b. Int~ u~ and occu~ncy ............ ~.f..~..~./ ~..~...~.~.~.~.......~ ...................................... 3. Nature of work (che~k which applicable) New Budding ................. Addition ................. Alteration . Repair .................. Removal ................. Demollho~ .............. Other Work .......~..~,~.!....t~......l~...!..~...?....~...~.. (Description) 4 Estimated Cost ............ ..~..?.~ ................................. Fee ..~.~...~ ..................................................................... (to be pa~d on fihng th~s apphcat~on) 5. If dwelling, number of dwelhng units ....................... Number of dwelhng umts on each floor ........................ If garage, number of cars ................................................................................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each tTpe of use ........................ 7 Dimensions of existing structures, if any: Front ..:.~./ ................. Rear ........... ~...~. .............Depth .....~..~. ......... Height ......... ./...~.. ........ Number of Storms / ............................................................................................ Dtmensions of same structure with alterahons or additions. Front .................................... Rear ........................ Depth ............................... Height ...................... Number of Si'or,es ........................... 8. Dimensions of entire new construction: Front ............. ,.~.:,~.. ............... Rear ............/..~. ........... Depth ....... ~.C..~ Height ........ ~ ....... Number of Stories ............. ~ ............................................................... .~ ......... 9. Size of at Front ........... ./...~..~. .................................. Rear .......... /.../..~..:..O...~.. ............ Depth ...../..,.~..?.....?. ............ 10. Date of Purchase ...................................................... Name of Former Owner ....................................................... I 1. Zone or use district in which premises are situated ............................................................................................ 12 Does proposed construction violate any zoning law, ordinance or regulation' ..........~....~. ...................................... 13 Will lot be regraded ........ /~...O. ...........Will excess fill be removed from premises. (~(~ Yes ( ) No 14. ~'~ame of Owner of premsses ..~..L'..J.~../t.~..~....~.......C~a~,.~...~..~..~... Address'~'A~..~ll.~.~9..~ ....... Phone No. ..................... Name of Architect ...... I~o..~?. .................................. Acldre~ ................................ Phone No. ..................... ~ame of Contractar ~.~..x~,,~.~..~.,.~....~7~;-'~ ................ Address .~. ,..LL~-.....~L~...~. ,:'~.. Phone No..~.~'~.,~.~',.-~- PLOT Locate clearly and distinctly ali buddings, whether existing or prc~osed, and tndlcate all set-back d~mensions trot. property hnes. Gwe street and bl~ck number or descrtpt~on according to deed, and show street names and inc~icat~ whether interior or corner lot STATE OF NEVV YORK, Icc COUNTY OF ........................... ~*,~ ~ .................. . .~..~./~...~...[~a.....~...~.~..e.-~..L .~..~ .............................. befng duly sworn, deposes and says that he is the ~pplicar (Name of ind~wdual signing c~tract~ above named. He ,S the ........................................................... ~ .~..~.....9~...-~....:. .................................................................................. (Contractor, agent, corporate officer, otc } of ~id owner or owners, and is duly authorized to ~erform or hc~e performed the said work and to make and fi, this application/ that all statements contained in this opphcahon are true to t~.~best of~is knowledge and behef; ar that the work will be performed ~n the manner set forth in the apphcp~l:~ flied t~e[rew~tf~ ............................... ~ ................ , 19.'L'7.. Notary Public, ~ Count~ ....... · ::s ...... /~//- ~ (S~gnature at applicant) -- PL/:::/N ,/ ~ ,,Mo DIW.~6 i:~on9.o ih. (]I~I~l~ FiI, IISI.I - I~ ,~l(Ib PAllif ....