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Home My WebLink About1000-98.-4-23OFFICE 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 Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Proposed Permit to Wetland Permit for ELIZABETH & DAVID BRANCH requests SCTM#98-4-23 Polywaters Permits on behalf of ELIZABETH & DAVID BRANCH requests a Wetland Permit to construct an 881.44 sq.ft, one-story addition to the existing dwelling, a 177.42 sq.ft, deck and screened porch addition onto an existing deck, to be reconstructed, install thywells, and construct a new 4'X 16' concrete pad. Located: 5160 Indian Neck Lane, Peeonic. SCTM#98-4-23 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 Standards 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. A. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the edge of wetlands (Beach) to the proposed action(s) is less than 100 feet; a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3. Findings; purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. 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 Re: Proposed Permit to Wetland Permit for ELIZABETH &DAVID BRANCH requests SCTM#98-4-23 Polywaters Permits on behalf of ELIZABETH & DAVID BRANCH requests a Wetland Permit to construct an 881.44 sq.fi, one-story addition to the existing dwelling, a 177.42 sq.fi, deck and screened porch addition onto an existing deck, to be reconstructed, install drywells, and construct a new 4'X 16' concrete pad. Located: 5160 Indian Neck Lane, Peconic. SCTM#98-4-23 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 conditions contained in the consistency review law. Thus~ each ans~ver must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. PROJECT NAME ~£c~ld /~>ofec~d/ j 5~Fo~7 //dc/,4,c~ 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 Truste~-,.O~f~i~lt~--~'[P--la~i~g ~)~i~nt, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board [] Planning Board ~ Building Dept. ~ Boar'd~ 1. Category o£ Town of Southold agency action (check appropriate respol (a) Action ~de~en directly by To~ agency (e.g. capital j consmction, plying activin, agency reg~ation, l~d ~sac ion) (b) Fln~ci~ mslst~ce (e.g. gr~t, lo~, subsidy) ; (c) Pe~it, approval, license, ce~ificaiom Nature and extent of action: · Location of action: Site acreage: Present land use: Present zoning classification: /~ - 6Z) ~ 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: f/, (b) Mailing address: ~ ] (c) Telephone number: Area Code ( )l :~ 0 3 - ~ ' -- ? JZZ (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?_ 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 - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [~ 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 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 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 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 )~No.t Appl!cable 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 [~ NoN 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 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational usc 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. ~-~ Yeff-] No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POI¢ICIES, 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. 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 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 PREPARED BY k//-,,..J l~/,',.,oob,,''', TITLE A(--,''r*j''r DATE '~' ''') Setback from a Beach as a Natural Protective Feature § 275-2 Definitions; word usage. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. § 111-6. Definitions. NATURAL PROTECTIVE FEATURE -- A nearshore area, beach, bluff, primary dune, secondmy dune or marsh and their vegetation. WETLAND BOUNDARY OR BOUNDARIES OF W3ETLAND -- Wetland ecosystems generally possess three essential characteristics: (1) hydrophytic vegetation, (2) hydric soils, and wetland hydrology. The wetland indicator status of all plants can be found in the National List of Plants that Occur in Wetlands (USFWS). The wetland boundary is most easily determined by defining the outer limit of the vegetation specified in the definition of "freshwater, brackish or tidal wetlands." The wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer have a competitive advantage over upland species. Wetland and upland plants will mix together at this transition zone. For freshwater wetlands that frequently lack standing water (shrub swamps, deciduous swamps, coniferous swamps and wet meadows), vegetation alone may not be adequately diagnostic for identification of a wetland boundary. In these wetland types, field verification of wetland hydrology and/or hydric soils might be required to define the boundary. The methodology used to determine this boundary shall be the same methodology utilized in the New York State Department of Environmental Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act. WETLANDS (TIDAL) (1) All lands generally covered or intermittently covered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low-lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum spp.), marsh elder Ova fmtescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.) § 275-3 Findings; purpose; jurisdiction; setbacks. A. Findings. The Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands and patent lands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. In addition, there has been a significant increase in the applications for and the numbers of fixed and floating piers and docks accessory to upland residential and other uses. Most of these structures and the uses they support are on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem functions and values, development patterns and the aesthetic character of the area. Therefore it is essential to regulate the type and placement of such structures. B. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Sonthold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater nmoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finflsh habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. [Amended 10-11-2005 by L.L. No. 17-2005] (1) (2) (3) (4) (5) D. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; Any creek, estuary, stream, pond, canal, or lake; Land under water; Land subject to tidal action; Land within 100 feet of the areas listed above. 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: (a) [11 [21 [31 [41 [5] [61 [7] (b) [1] [21 [3] [41 Wetland boundary. Residence: 100 feet. Driveway: 50 feet. Sanitary leaching pool (cesspool): 100 feet. Septic tank: 75 feet. Swimming pool and related structures: 50 feet. Landscaping or gardening: 50 feet. Placement ofC & D material: 100 feet. Bluff line. Residence: 100 feet. Driveway: 100 feet. Sanitary leaching pool (cesspool): 100 feet. Swimming pool and related structures: 100 feet. (2) The Board of Trustees reserves the right to waive or alter these setbacks where site-specific and/or environmental conditions justify such action. ZO H I N G DATA ZONE - P,.2 USE - DINGLE PAMILY LOT SIZE 40,000-+ DF M~n. 156,356.04-+ DF = 4.275± ACKE5 / ~ POST _4_ 9.9' GRODD FLOOP~ AREA EXISTING I ~A~S 1 - 1/2 STO"Y ~ , FRAME HOUf;E ,WOOD' 6u~T ~ouD~, F. FL, 14.45 F~T FLO0~ ~ CONC. / DEC~* PO~CH ~' ~ PAD ~ ~ %~PROPOSED .- ' O" SiDE Y~D sgBA~ ~ ~ ~ i ~O~ -- ~ -- PROPANE /~ ~ // // ? ~ ~ ~ .~ ~ / I' / I ~ .... ~j~ . . ~ /~.~ ~ . ~.~ ~ ~_=__~- ~ /'~ ~_~ ~ ~ ,~~~: ./ - ~ ~ ~ ~ , -, /'%, x k ~ ~. ~ ~ ~ ~"~' ~ ~ / ~ ', . 'v~~ ilo ' ', ", " /I ~ ~ / ./ ¢/ / ~ 262.00' / ~ ~ / D~,qCH ~~~~ 4~'28'50" W --S 'E DETAIL _~ / NOTE:p~PA~D DY NATHAN TA~ CORWIN I1[ ~ND DURV~OR, I ~EbIDENCE 1 ~ = 'J 0'--0" ~0~ ADDITIONAL 5iTE INPORMATION SCALE: 1 "=20'-0" 5,C. T~ No. J 000 95- 4-23, ~BAUAAY , 5, 200G ST" NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: ......... 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 1 TANK; 8' LONG, 4'-5" WIDE, 6'-7" DEEP 5, MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq 2 POOLS; 6' DEEP, 8' dia. PROPOSED EXPANSION POOL PROPOSED LEACHING POOL PROPOSED SEPTIC TANK 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS, 5. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND REMOVED IN ACCORDANCE WITH S.C.D.H,B. STANDARDS. 6. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. 4. FLOOD ZONE iNFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. $6103C0164 G ZONE AR: SASE FLOOD ELEVATIONS DETESMINED ZONE X: AREAS DETERMINES TO SE OUTSIDE SOO-YEAR FLOODPLAIN, GALLONS. SIDEWALL AREA. SUFFOLK S.C. TAX SURVEY OF PROPERTY $ITUA TED A T PECONIC TOWN OF $OUTHOLD COUNTY, NEW YORK No, 1000-98-04-2,3 SCALE 1"=60' FEBRUARY 15, 2006 MARCH 20, 2006 ADDED WELL & CESSPOOL LOCATIONS SEPTEMBER 18, 2007 ADDED PROPOSED ADDITIONS MARCH 18, 2008 REVISED PROPOSED ADDITIONS APRIL 15, 2008 REVISED PROPOSED ADDITIONS AREA = 186,556.04 sq, (TO TIE LINE) 4,278 aC. TEST HOLE DATA DETAIL SCALE 1"=20' Lm No, 50467 Nathan Taft Corwln III Land Surveyor PHONE (651)727-2090 Fox (651)727 1727 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEy IS A VIOL&TION OF SECTION 720B OF THE NEW yORK STATE THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, ZON~ X~ SEE DETAIL SCALE 1"=20' 26-022J