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HomeMy WebLinkAbout1000-40.-1-7OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. South#Id, NY 11971 MAILING ADDRESS: P.O. Box 1179 South#Id, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Proposed Permit to Wetland Permit for THOMAS & ANDREW ZOITAS SCTM#40-1-7 Patricia C. Moore, Esq. on behalf of TIt#MAS & ANDREW ZOITAS request a Wetland Permit to install an in-ground swimming pool, patio, and landscaping within 100' from the top of the bluff, retain a 30' non-turf buffer and construct beach access stairs. Located: 6255 North Rd., Greenport. SCTM#40-1-7 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South#Id 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 CONSISTENT with LWRP policy standards and therefore is consistent with the LWRP; provided that the proposed actions (beach stairs and pool) meet sub-policy 6.3~ as outlined below. Policy 6 Protect and restore the quality and function of the Town of South#Id ecosystem. 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. If the proposed actions are approved the best management practice (BMP) is recommended: Require the applicant to maximize an 80' perpetual, non-disturbance buffer maintaining the existing indigenous vegetation. (See Figures 01 and #2) The BMP will further sub-policy 6.3 D~ and E as outlined below. 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. 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 eJjfects of adjacent or nearby development are avoided. 1. Maintain buffers to achieve a high filtration efficiency of surface runofl~ 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. In addition to protecting and improving the Town's wetlands, adjacent lan& that provide buffers to wetlands must be maintained ~md enhanced, and where appropriate, reestablished These buffers are necessary to ensure the long term viability of the Town's wetlands. ~Vhere 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. Figure #I-Existing 88' buffer seaward of hay bales Figure #2-Existing 88' buffer landward of bluff Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 1000-,40-01-07 PROPOSED' BEACH ACCESS Z 0 I~"~A$ RESt~NC E architects. $OUTHOLD, NEW YOI~K .I 6255 NORTH RD. ! om fomilfar w/Ih ]he STANDARDS FOR APPROVAL. AND CONSTRUCTION OF SUBSURFACE SEWAGE' DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by /he condilions se/ for/h /herein ond on /he ,permif 1o construcl. HSr.-za65 ,q.n~ %. ~,-,~-~. GAR.- 810 ~q. fl. PROVIDE 2 L.P.S SURVEY OF PROPERTY A T ARSHAMOMOQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 40- 01- 07 SCALE.. 1" = 40' JAN 17, 2003 March 29~ 2005 MA Y 18, 2006(4~ddition$) NOV. ~9, ~007 (TOPO) TEST HOLE 1/17/03 ~/ ~z SEPTIC SYSTEM (G ~EDROOM$) I -IO00GAL. SEPTIC I -LEACHING POOL 8'~/~ DEEP WITH 3' ~AND CO~.LAR EXCAVATE AIOe HOLE TO ~ $~/ 84CKFTLL WITH ~4ND .SEPTIC SYSTEM I I / / / AREA = 49,881 sq. ft. or 1.1451 ac. to tie line 4NY AL TERA TION OR ADDITION TO Ttf~ SURVEY 1S A VIOLA TION OF SECTION 7~09 OF THE NEFI YORK STATE EDUCATION LAF/. EXCEPT A~ PER SECTION XE09 - SUB~VISIQN £. ALL CERTIFICATIONS HEREON ARE VAI. JD FOR THIS MAP AND COPIE~ THEREOf' ONL Y IF SAID MAP OR COl=YES BEAR THE ~ SF-.4L O~ THE SURVEYOR WHOSE $tGNATURE APPEARS HE~EON, ADDITIONALLY TO COMPLY WITH $~JD LAW TEi~4 ~4L TE~ED BY ' MUST BE U,E~.~ 8Y ANY AND .4LL SURVE¥O~ UT8 I~J¥~ .4 COPY OF ANOTHER SURVEYOR~ MAP. TERMS SUCH ° INSPECTED ° AND · BROUGHT - TO - DATE · ARE NOT IN CO~ FilTH THE LAW. EZ.EVA TION$ · ~'ONTOUR I..INF-S ARE [~'r.n~JVCEO TO I~ v.~ · (651) 765 - 502C P. O. BOX 909 IE30 TRAVELER STREET SOUTHOLD~ N.Y. 1197! 1797 I I O ,J ,~ / C. .O /c',7-/ O,,V OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box t 179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To~ Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Re~ Proposed Permit to Wetland Permit for THOMAS & ANDREW ZOITAS SCTM~40-1-7 Patricia C. Moore, Esq. on behalf of THOMAS & ANDREW ZOITAS request a Wetland Permit to install an in-ground swimming pool, patio, and landscaping within 100' from the top of the bluff, retain a 30' non-turf buffer and construct beach access stairs. Located: 6255 North Rd., Greenport. SCTM#40-1-7 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 Jim King, President Town of Southold Board of Trustees From: Scott Hilary/Mark Terry, LWRP Coordinators Date: May 7, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for THOMAS & ANDREW ZOITAS SCTM040-1-7 THOMAS & ANDREW ZOITAS request a Wetland Permit to install an in-ground swimming pool, patio, and landscaping within 100' from the top of the bluff, retain a 30' non-turf buffer and construct beach access stairs. Located: 6255 North Rd., Greenport. SCTM#40-1-7 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfi'ont 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 ~ ~_,~ \ 5 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 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# 40 - 1 - 07 T~q.Or-0~ Or~4r~[~ ~kt5 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: Nature and extent of action: construct a swimming pool, patio and landscaping also Beach Stairs to access Long Island Sound Owner will install haybales at top of bluff andS~O' nonturff buffer Location of action: 6255 North Road, Greenport Site acreage: 49,881 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:Thomas & Andrew Zoitas (b) Mailing address: c/o TMA Contracting Corp., 38-41 l0th Street, Long Island City, NY 11101 (c) Telephone number: Area Code ( 917 )295-6122 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No 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 No Not Applicable Construction of pool located 100 feet from top of bluff. Located more than 200 feet from Tie Line on Long Island Sound. Accessory structure is placed at appropriate set back. 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 Not Applicable Existing developed site- fully developed area. 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 Yes No Not Applicable 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 No Not Applicable The existing house is being constructed 100 feet back from the top of bluff, accessory pool more than 75 feet from top of bluff. The new construction is no closer than adjacent developed properties. Beach Stairs are exempt from LWRP 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 - no discharge permitted 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 Trustees require haybales during construction- which are already in place during excavation under the existing building permit. Drywells and gutters are also required. 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 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 Not Applicable- no hazardous waist from pool 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 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 Applicable property is a waterfront parcel with a single family dwelling under construction. Pool, patio and landscaping requested. Beach stairs exempt from LWRP 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 Construction of new dwelling will be done with current environmental regulations. Proper protection of bluff with haybales and protection of water runoff, Bluff face and toe are stable and vegetated. 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 Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable