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HomeMy WebLinkAbout1000-90.-1-13OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Soathold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOVfN 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 JOSEPH ZEVITS SCTM#90-1 - 13 Suffolk Environmental Consulting, Inc. on behalf of JOSEPH ZEVITS requests a Wetland Permit to construct a two- story wood frame dwelling with attached deck and attendant sanitary system. Located: 1945 Little Peconic Bay Lane, Southold. SCTM#90-1-13 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 denoted following Policy Standard and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM 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. The distance from the wetlands to the proposed action is approximately 45 feet~ a minimum setback distance of 100 feet from the wetland boundary is required pursuant to Chapter 275-3. Findingsl purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. If the action is approved the following best management practice (BMP) is recommended: 1. Require the applicant to maximize a 25' perpetual, non-disturbance buffer, maintaining the existing wetland vegetation. The BMP will further Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restores tidal and freshwater wetlands 6.3 Protect and restore tidal and freshwater wetlands. D. Provide adequate buff'ers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wet[and'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. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 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 Proposed Permit to Wetland Permit for JOSEPH ZEVITS SCTM#90-1-13 Suffolk Environmental Consulting, Inc. on behalf of JOSEPH ZEVITS requests a Wetland Permit to construct a two-story wood frame dwelling with attached deck and attendant sanitary system. Located: 1945 Little Peconic Bay Lane, Southold. SCTM#90-1-13 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). ffany 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 b~ c~rtifle~:l as consistent with the LWRP policy standards and conditions, jt shall not be undertaken. B. DESCRIPTION OF SITE AND SCTM# 058 02 A copy of the LWRP is available in the following places: onlin_e_~,ew_~_oo, zw~n_of Southold's website (southoldtown.northfork.net) the Boa ~ P~g De~n~:a~ll [local libraries and the Town Clerk's office, i= ~w ~L, · ~ ~.. ~.. 011 ~ The Application has been submitted to (check appropriate Town (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: :ti°n) [] dun L - Board [] Planning Dept. [] Building Oept. [] Boa_rdofTrustees__.~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken d~rectly by Town agency (e.g. capttal construction, planning activity, agency regulation, land ~ Applicant proposes to construct a two story wood frame dwelling with attached deck and attendant sanitary system. Please refer to the submitted survey for further details. Attach additional sheets if necessary Location of action: Site acreage: 1945 Little Peconic Bay Lane~ Town of Southold~ NY 0.28 a~re :~ Present land use: Vacant 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: Joseph Zevits (b) Mailing address: 97 Ba¥1or Avenue; l~ill.~dale, NJ 07642 (c) Telephone number: Area Code ( 201 ) 594-0459 (d) Application number, if any: N/A 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?.. NYSDEC 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 infrastrncture, makes beneficial use of a coastal location, and minimizes adverse effects of development. Sec LWRP Section 111 - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable As indicated within Policy 1, 'Development that does not reinforce the traditional land use pattern of the Town of $outhold would result in a loss of the community and landscape character of $outhold.*t this project is a proposal to develop a vacant parcel in an almost entirely developed neighborhood. The proposal, as designed, will not result in any adverse effects to the surrounding environment in that the proiect will be situated as far landward as possible without requiring a Zoning Variance, and will be served by a coded sanitary system. Again, the surrounding neighborhood is comprised of older residential dwellings which have existed harmoniously within this area for years and have not resulted in any form of adverse effects to the surrounding environment. Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Secfien Ill - Policies Peges 5 threugh 7 for evaluaVlon cr~ter~ [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the subject parcel is substantially vegetated around the periphery, and thereby screened from view. Scenic resources, presumably views of West Lake, are not in ieopardy because of the aforementioned vegetation, and the lack of any existing lines of sight from the west side of Little Peconic Bay Lane. In addition, the neighborhood itself is comprised of similarly sized properties, improved similarly to that which is proposed for many years, and which also has not resulted in any form of adverse impacts to the surrounding area. Furthermore, this policy could not preclude both the legal creation of this propertY/as a building Iot~ or the proposed structures thereon, which are proposed as far from West Lake as possible without requiring a Zoning Variance. Therefore, we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable The proposed dwelling will adhere to all applicable FEMA Elevation Requirements and will have a first floor elevation of 12'. The shoreline of the subject parcel is substantially vegetated thereby limiting erosion potential. Additionally, the existing development surrounding West Lake has not been adversely impacted by flooding or erosion. Therefore, we feel that the instant proposal fully complies with this Polio/. Atlach additional sheets if necessary Polio? 5. Protect and improve water quality and supply in the Town of Southoid. Sec LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will comply with Policy 5 in that a coded sanitary system is proposed to be installed thereon, and at the maximum allowable distance from West Lake. Additionally~ public water is to be utilized. Moreover, the existing surrounding development has not caused an adverse impact to water quality or supply in the Town of Southold. Therefore, we feel that the instant proposal fully complies with this PoliCy. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Sec LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will comply with Policy 5 in that a coded sanitary system is proposed to be installed thereon, and at the maximum allowable distance from West Lake. Additionally, public water is to be utilized. Moreover, the existing surrounding development has existed harmoniously with the surrounding ecosystem for many years without resulting in adverse environmental impacts, lherefore, we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessa~ 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 Policy 7 is not applicable in that the proposal will be for the construction of a single family dwelling with relat~t appurtenances thereon which will not result in any form of adverse effects to air quality. Attach additional sheets if necessary Polk-/8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LNVRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Policy 8 is not applicable in that the proposal does not involve disposal and/or transportation of solid waster hazardous waster toxic pollutants, and petroleum products. Attach additional sheets if necessary 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 HI - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Policy 9 is not applicable in that the proposal will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Policy 10 is not applicable in that the proposal does not involve a water~lependent use (i.e. marina, aquaculture, etc...). 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 1H- Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Policy 11 is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture~ etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section m -Policies; Pages 62 throagh 65 for evaluation criteria. [] Yes [] No [] Not Applieable Policy 12 is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmlandr the establishment and/or maintenance of new coastal agricultural production, etc...) 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 Policy 13 is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction At~ach additional sheets if necessary I am lamllior wilh lhe STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SELVAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES one will abide by the con~fflions sel Iorlh lhereln and on lhe permil 1o conslrucL The Iocalions of wells and cesspools shown hereon are from field observations and or from data obtained from olhers. LOT COVERAGE UPLAND AREA = 11664 sq. fl. PROP, 'HOUSE = 1248 sq. fl, PROP, DECK = 168 sq. fl. 1704 sq.f/. 1704/11664 = 146% COVERAGE TEST HOLE d 13.$ Dark brown clayey loam 0£ I' Brown cloy CL $, Brown clayey SC 6' Pole brown snnd SW I0' Wafer I~ p~le SlY [ 17' TEST HOIFB¥ McDONAL~ GEOSCIENCE 3/20/03 I~0 PM AREA= 12,196 sq. ft to tie//ne ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECTION ?209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION ?209 - SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS I~REON. ztDDITIONALL Y TO COMPLY WITH SAID LAW TERM ' AL TERED BY ' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH ' INSPECTED ' AND ' BROUGHT - TO - DATE ~ ARE NOT IN COMPLIANCE WITH THE LAW. I ! / / /05 ~ 4oz. USE I 4'~ 8'~ SEPTIC TANK (1000 GALLONS ) 3 PO~S 4.~ep ~ 8¥ ~ = ~ ~// SURVEY OF PROPERTY A T BA YVIEW TO WN OF SOUTHOLD NO TE, LOT NUMBERS ARE REFERENCED TO MAP OF CEDAR BEACH PARK ' FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON DEC. 20, 1927 AS MAP NO. 90 FL OOD ZONES F£Old FIRM 36103C0167 G M~/ 4, 1998 ELEVATIONS AND CONTOUR LINES ARE REFERENCED TO N.G, SUFFOLK COUNTY , N.Y. 1000 - 90 - Ol- 13 SCALE: 1" = 30' MA Y 15, 2003 JUL Y 15, 2003 (les/ hole ) ,~EpT ~,, O0 ~- G ~,HE_D LOC) JUNE IE~ ~OO8 (Iai cov~a~e) Bc3rd of Trustees NO. 49618 P. O. BOX 909 1230 TRAVELER STREET SOUTHOLD, N. Y. 11971