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Home My WebLink About1000-53.-6-24 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 and Mark Terry, LWRP Coordinators Date: August 21, 2008 Re; Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ROBERT SWING SCTM#53-6-24 Suffolk Environmental Consulting, Inc. on behalf of ROBERT SWING requests a Wetland Permit to construct an addition to the landward side of the existing dwelling, containing 627 sq.fi+/-, removal of the existing septic system and replace with an updated sanitary system within the front yard, installation of a retaining wall (surrounding the sanitary system) measuring 118'+/- in length X 1.3' in height, installation of a French drain along the southern side yard property boundary and establishment of a 5' wide non- disturbance buffer along the landward side of the bulkhead. Located: 4295 Bayshore Rd., Southold. SCTM#53-6-24 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 our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed landward addition to the existing dwelling is more than 25 percent of the original structure and therefore is inconsistent with the LWRP pursuant to § 268-3. Definitions. § 268-3. Definitions. MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: BB. Additions to the landward side of an existing dwelling constituting less than 25% of the original structure, except in a Coastal Erosion Hazard Area; [Added 6-6-2006 by L.L. No. 7-2006] 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 lan& under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the bulkhead to the proposed action is approximately 60 feet; a minimum setback distance of 100 feet from the wetland boundary is required pursuant to Chapter 275-3. Findings; purpose; iurisdictiom setbacks. Please require that the applicant amend the proposed action to meet the above policy to the greatest extent practicable. § 275-3 Findings; purpose; jurisdiction; setbacks. D. ~.Setback& [Amended 10-11-2005 by L.L. No. 17-2005] (1) The following minimum setback~ apply to any and all operations proposed on residential properly within the jurisdiction of the Board o/Trustees: (a) Wetland boundary. [1] Residence: l OO feet. The proposed action involves the construction of a permanent concrete wall encompassing the majority of the property which may alter the existing storm water drainage patterns, and therefore redirect storm water flow to the neighboring properties to the North~ town road end to the South and coastal waters to the East. It is the recommendation of the LWRP Coordinators that the applicant address the potential negative impacts to the neighboring properties due to the redirection of the storm water flow in this area. Policy 5 Protect and improve water quality and supply in the Town of Southold. 5.2 Minimize non-point pollution of coastal waters and manage activities causing nonpoint pollution. A. Minimize non-point pollution o/coastal waters using the /ollowing approaches, which are presented in order o/priority. 2. Reduce pollutant loads to coastal waters by managing unavoidable nonpoint sources and by using appropriate best management practices as determined by site characteristics, design standards, operational conditions, and maintenance programs. Further~ the applicant may be required to submit a drainage plan for the entire site detailing how all surface waters generated from impervious surfaces (such as the proposed concrete retaining wall and proposed addition) shall be kept onsite through infiltration or retention pursuant to § 275-11 as referenced below. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 275-6A (14) for requirements. If the action is approved the following best management practices (BMP's) are recommended: 1. Require a minimum 20' non-turf buffer landward of the existing bulkhead. 2. Require gutters, downspouts, sub-surface drywells to contain roof runoff on house, and hay bales during constrnction. The BMP will further Policy 5, Protect and improve water quality in the Town of Southoid and 6.3 Protect and restores tidal and freshwater wetlands. 6.3 Protect and restore tidal and freshwater wetlands. 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. If the Agency, Board of Trustees makes a contrary determination of consistency~ the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, 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. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. LWRP CONSISTENCY ASSESSMENT FORM 3 Vfi t~; ~' .... ~' ~ I 1. All applicants for permits* includii of Southold agencies, al.l cothplete this CCAF for _~:~' proposed actions that are subject to the Town of Southold Waterfr~y Reviex~-L~ 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", 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 053 06 024 The Application has been submitted to (check appropriate respons 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 Ic, c libraries and the Town Clerk's office. Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 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: Applicant proposes to construct an addition to the landward side of the existing dwellingt containing 627.0 square feet +~ removal of the existing septic system and replace with an updated sanitary system within the front yard~ installation of a retaining wall (surrounding the sanitary system) measuring 118.0' + in length x 1.3' _+ in height)t installation of a French drain along the southern side yard property boundary and establishment of a Non-Disturbance Buffer (5.0' wide) along the landward side of the existing wood bulkhead. Attach additional sheets if necessary Location of action: 4295 Bay Shore Roadl Arshamomoquel Town of Southoid~ NY Site acreage: 0.2 acre ± Present land use: Improved with single-family dwelling and related appurtenances Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: fa) Name of applicant: ROBERT SWING (b) Mailing address: 7 Windsor Lane~ East Northport~ NY 11731 (c) Telephone number: Area Code ( 631 ) 273 - 5800 (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 [] ff 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. [] Yes [] No [] Not Applicable As indicated within Policy 1 ~ "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this proiect is a proposal to construct a landward addition to an existing dwelling within subject property~ a property situated within a neighborhood consisting primarily of similarly-sized single-family dwellings within similarly-sized properties. The proposal~ as designedt will not result in any adverse effects to the surrounding environment in that the proiect will not encroach any further towards the surface waters of Shelter Island Sound to the east. In addition~ 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. Accordinglyt we believe that this proiect 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 III - 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. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the existing property has been improved with a single-family residence for approximately fifty (50) years without any evidence of resulting in adverse impacts to the neighborhood. In addition, the neighborhood itself is comprised of similarly sized properties, improved similarly for many ,/ears, and which also has not resulted in any form of adverse impacts to the surrounding area. Furthermore, this po[icy could not preclude both the legal creation of this property as a building lot, or the improvement thereon. 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 Sub}ecl property is currently improved with a bulkhead within the western section of subject property and has protected subiect property from an,/and all flooding and/or erosion events since the improvement thereon. /he proposal is to construct an addition landward to the existing dwelling and therefore cannot be applicable to Policy 4. 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 Subject proposal will comply with Policy 5 in that a more efficient sanitary system is proposed to be installed thereon, and at a greater distance than the existing septic system is located from the wetlands boundaryt and that public water is to be utilized. Accordingly~ this proposal will not only maintain the water quality and supply within the Town of Southold, but will improve conditions within the site with the installation of the more efficient sanitary system. 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 Subject proposal is not applicable to Policy 6 in that an addition landward of the existing dwelling is proposed, and that no further encroachment to the wetlands will take place than which presently exists. 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 Subiect proposal is not applicable in that the proposal is simply to construct a landward addition to the existing dwelling within subject property which will not result in any form of adverse effects to air quality. Accordinglyt this proposal is not applicable with this policy. 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 Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous wastq toxic pollutantst 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 III - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that the proposal will not impede any access to the surface waters in and around sub[ect 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 Ill - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture~ etc.. 3. 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 Subject proposal is not applicable in that the proposal does not involve an,/form of marine resource management (i.e. commercial fisheries~ recreational fisheriest aquacultur% etc...). 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 Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland~ 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 Subiect proposal 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 Attach additional sheets if necessary Created on 5/25/05 11:20 AM I+ CONCRclC RETA/N/NG WALLS ALL CONCRETE 4,000 psi AFTER 28 DAY~ MINIMUM ALL REBAR ASD~ A-615 GRADE 60 FOO17NGS ARE fO BE INSTALLED ON UNDISTURBED WRC4N SOIL. THE BOTTOMS OF ALL FOOITNGS ARE TO BE INSTALLED A MINIMUM OF ~' BELOW GRADE UNLESS OTHER~SE /ND/CA TED. SOIL SIDE OF WALLS AND FOOTINGS ARE fO BE COALED FdTH BITUMINOUS FOUNDA170N COATING, CONIROL JOINTS ARE fO BE SEALED ON ~HE SOIL SIDE OF 17~E WALL MiT~ A FLEXIBLE MEMBRANE COA~TNG OR SHEET PRODUCT- W.R. GRACE FOUNDA iTON WATER PROOfiNG SYSTEM, BW 4.9' E~ LOT COVERAGE LOT AREA= 10063sq. H. AREA OF UPLANDS = 6834 sq. fl. EXISTING COVERAGE EXISTING DWELLING - 1060.5 sq, ff. CONCRETE WALKS & SHOWER 182 sa. fl = S~D- 1o be removed I~ ~q. fl.. 1.5~ ~x/~r~ cov~ /~. P~ CO~RAGE - D~LLING & ~DITI~ ~ RE~INING WALK 1809 sq. fl = 26.4~ (N. rs.) THE CONTRACTOR IS TO VERILY ALL ~EASUREMENTS iN ~-IE FTE~D ANO ANY DISCREPANCIES ARE TO BE 8ROLIGHT fO l~tE A ~I'EN I~ON 0~' 1~£ ENGINE~ PRIOR TO CONS~UCI~O~ NOTE: ALL SURROUNDING D '¥LLINOS I§0' HAVE PUBLIC WATER I or~ familiar with the STANDARDS FOR APPROVALe ~~~~ AN~ CONSTrUCtION 0~' SUBSURFACE SEWAGE DISPOSAL SY~TE~4$ FOR SINGLE FAMILY RESIDENCES and wB~ abide by the conditions set forth therein and on th permit ta construct The IocoUo~ of wells and cesspools shown hereon are from field o~se~ot/~a and om from data obtained from others. Ele~ti~s re~c~ to N.G.~D. ~Y ~RAn~ ~ AD~ TO ~IS SUR~Y IS A HOLA~ON ~ ~Cn~ 7~9 ~ ~& NEW YORK STATE EDUCADON LA~ EXCEPT AS PER ~CD~ 7209-SUBDI~SION 2. ALL CERDFICATIONS HEREON ARE VALID F~ ~IS MAP AND COPIES tHEREOF ONLY IF sA~o ~AP ~ C~ES BEAR mE ~PRESSEO SE~L OF ~E SUR~YOR ~OSE ~RE Aee~RS HEREON. AREA=lO,063 SO. FT. &l° $CDHS ReL.IA RI0-05-0101 SURVEY OF PROPERTY A T ARSHAMOMOOUE TOWN OF SOUTHOLD SUFFO~,K CO UNTY, N.Y. 1000-53-06-24 SCALE: 1'--20' JANUARY 29, 2008 Feb. 14~ 2008 foddilion$) Mar. 6~ 2008 (revisions) March 18, ;2008 (LOT COVERAGE) April 8, ~00~ (LOT COVERAGE) VIP W ~--~'-- £ A /VE ~ GRADiNS' OLAN · ~'~SEPTIC SYSTEM DESIGN BY SEPTIC SYSTEM I-I000 GAL. CYLINDRICAL SEPTIC TA¥K 8~ ~ ~,~' LIQUID DEPTh/ 5-LFACHING AOOLC 8' x 2' DErTH WIT'~ SAND ,2OLLA~' /SW} CORDON ENGINEERING, P.C. 17~$ SIGSB~D MA PECONIC S~ ~/ (631) 765-5 765- 1797 P.O. BOX 909 ~230 TRAVELER SO~:?~)}D~: X 11~7~ 108-104 49518