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Home My WebLink About1000-104.-9-12 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 To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary/Mark Terry, LWRP Coordinators Date: June 16, 2008 Re: Chapter 268: Waterfront Consistency Review Wetland Permit for 2000 BROADWATERS LLC SCTM# 104-9-12 2000 BROADWATERS LLC requests a Wetland Permit to replace the existing two-car garage with a new single-family dwelling with deck, terrace, sanitary system, lawn area with retaining walls and path to dock, and drywells to contain roof run-off. Located: 2000 Broadwaters Rd., Cutchogue. SCTM#104-9-12 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 LWRP policy standards and therefore is INCONSISTENT with the LWRP. Pursuant to § 275-3 the proposed actions {retaining wall~ lawn, deck, path to dock and residence) are with in the minimum 100' setback of the tidal wetland boundary and therefore the actions are inconsistent with LWRP 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] (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: l OO feet. [6] Landscaping or gardening: 50feet. [7] Placement of C & D material: l OO feet. If the proposed residence is approved the best management practice (BMP) is recommended: Require the applicant to maximize a 75' perpetual, non-disturbance buffer maintaining the existing indigenous vegetation. The BMP will further LWRP sub-policy 6.3 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 buffbrs to wetlands must be maintained and enhanced, and where appropriate, reestablished. These bt~ffers 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: 2. The nature and importance of the wetland and its benefits. Substantial buffers may be necessary to avoid adverse effects from adjacent or nearby uses based on the nature of the land use and the characteristics of the affected wetland. 4. Buffer width necessary to achieve a high particulate filtration efficiency 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 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. 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. The proposed actions are located within the associated upland of Haywater Cove part of Reach 8-Cutchogue Harbor Wetlands a New York State Significant Fish and Wildlife Habitat Area as referenced in LWRP sub-policy 6.2. 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. The Town of SouthoM is rich in habitats that support diverse and often large wildlife populations, many of which are of commercial or recreational value. The importance of these habitats has been recognized through the state designation of nineteen Significant Coastal Fish and Wildlife Habitats in Southold. These habitats cover the full range of habitats typical on the East End of Long Island and include dunes, beaches, wetlands, islands and open water. The Town of Southold recognizes the importance of protecting and enhancing these wetlands and habitats. Further~ as defined in § 275-2, the Cutchogue Harbor Wetlands has been nominated by the Town of Southold and designated by the New York State Department of State as a critical environmental area worthy of protection. § 275-2 Definitions; word usage CRITICAL ENVIRONMENTAL .4REAS - All sites previously nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. Pursuant to § 275-11 operations proposed in critical environmental areas may be subiect to more stringent requirements such as denial of certain operations and/or increasing the width of the non-disturbance buffer. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (7) Critical Environmental Areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (~ 275-2) may be subject to more stringent requirements' than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of nondisturbance buffers. Pursuant to § 268-5 0I) 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. To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary/Mark Terry, LWRP Coordinators Date: May 7, 2008 Re: Chapter 268: Waterfront Consistency Review Wetland Permit for 2000 BROADWATERS LLC SCTM# 104-9-12 2000 BROADWATERS LLC requests a Wetland Permit to replace the existing two-car garage with a new single-family dwelling with deck, terrace, sanitary system, lawn area with retaining walls and path to dock, and drywells to contain roof run-off. Located: 2000 Broadwaters Rd., Cutchogue. SCTM# 104-9-12 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 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 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 con~litions contained in the consistency review law. Thus~ each answer must be explained in detail, listing both sum~ortine and non- sure, offing 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· : !i i~ B. DESCRIPTION OF SITE AND PROPOSED ACTION off - The Application has been submitted to (check appropriate response): Town Board SCTM# ]d9 dc- . PROJECT NAME ~ Planning Board rq Building Dept. ~ BoardofTrustees F~ 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: Location of action: Site acreage: Present land use: .~. c~-/~ ~-~,d.'~ ~' Present zoning classification: ~ ~ If an application for the proposed action has been filed with the Town of Southold agency, the follo~ving information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the actio~ectly undertaken, require funding, or approval by a state or federal agency? Yes [--~ No I t- I 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 - Polices Pages 3 through 6 for evaluation criteria [] Yes [] No[5-2/1' I Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~/Yes ~ No ~-~ Not Applicable A~ach additional sheets if necessa~ 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 r~ No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Poli~ies Pages 16 through 21 for evaluation criteria Yes ~ No ~Not Applicable 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/~2 for evaluation criteria. Yes No Not Applicable 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 s~vnces and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [] No ~ 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.F~ J~ ~Not Ye~ , No 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 III- Policies; Pages 47 through 56 for evaluation criteria. Yes ~ No ~/Not ApplicabJ~e 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 A_.pplicable 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 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP S~sIII - Policies; Pages 65 through 68 for evaluation criteria. ~-] No [] Not Applicable ,I ~ ./~ ~' ¢ l -~-/ / '~ 7~ H ¢ ~ ~ ? ¢ / /~r_ !~ r- '¢-)~: 7..¢-~ .~.~ ~ ~-v ' NOTE: THIS SITE PLAN WAS PREPARED WITH INFORMATION TAKEN FROM A SURVEY MADE BY JOHN C. EHLER$, LAND SURVEYOR, RIVERHEAD, NEW YORK DATED: NOVEMBER 30, 2006 REVISED' JULY3,200? ALL ELEVATION AND COUNTOUR LINES ARE REFERENCED TO N.G.V.D. THE EDOE OF WETLANDS WAS DETERMINED BY ROBERT HERRMAN~'OF ENCONSULTANTS SOUTHAMPTON, NEW YORK DATED: MAY 2007 LOW WATER LINE WAS DETERMINED BY ROBERT H. FOX, PLS, OF SEA LEVEL MAPING, RtVERHEAD, NEW YORK DATED' MAY 11, 2007 / GARI::IETT A. STRANG archit; ecl; 1230 Traveler Street Southold N.Y. 11971 631-765' 5455 SITE DATA SITE AREA TAX MAP # FILED MAP DATA ZONING FLOOD ZONE WATER SUPPLY USE EXISTING PROPOSED OWNER BUILDING AREA EXISTING to be removed PROPOSED new residence .439 ACRES - 19,107 SQ. FT. 1000 -104-09-12 AMENDED MAP 'A' OF NASSAU POINT FILED AUGUST 16, 1922, FILE No. 156 NASSAU POINT, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK R - 40/RESIDENTIAL ' AE" (el. - 8) & 'X" PROPOSED - SUFFOLK COUNTY WATER AUTHORITY ACCESSORY GARAGE SINGLE FAMILY DWELLING 2000 BROADWATERS, LLC 128 MARINE AVENUE BROOKLYN, NY '11209 689 SQ. FT. 3,408 SQ. FT. LOT COVERAGE TOTAL EXISTING 3.6% PROPOSED 17.8% LOTAREA-UPLAND I7,279 SQ. FT. LOT COVERAGE UPLAND EXISTING 4.0% PROPOSED '19.7% TOTAL IMPERVIOUS BUILDING & PAVED AREAS EXISTING PROPOSED 1,075 SQ. FT. 3,470 SQ. FT. TOTAL. IMPERVIOUS LOT COVERAGE EXISTING 6. 2% PROPOSED 20.0%