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Home My WebLink About1000-86.-7-6OFFICE LOCATION: MAILING ADDRESS: ] Town Hall Annex ~ P.O. Box 1179 54375 State Route 25 ~ Southold, NY 1197 i Main Rd. & Youngs Ave. Telephone: 631 765 - 1938 Southold, NY 11971 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees From: Scott Hilary and Mark Terry, LWRP Coordinators Date: August 13, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for GREG & MARTHA CUKOR SCTM#86-7-6 Samuels & Steelman on behalf of GREG & MARTHA CUKOR requests a Wetland Permit to demolish the existing dwelling and construct a new dwelling and garage. Located: 7070 Indian Neck Lane, Peconic. SCTM#86-7-6 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. 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 reqttirements 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 natural protective feature, bluff(as defined in § 275-2) to the proposed action~ is approximately 40 feet~ a minimum setback distance of 100 feet from the bluff line (as defined in § 275-2) 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. § 2 75-2 Definitions; word usage. BLUFF -- Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit ora bluff is the landward limit of its waterward natural protective. Where no beach is present, the waterward limit of a bluff is mean low water. The landward feature limit is 25feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25feet landward of the point of inflection on the top of the bluff. The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. BE UFF LINE -- The landward limit of a bluff that is 25feet landward of the receding edge or, in those cases where there is no ~discernible line of active erosion, 25feet landward of the point of inflection on the top of the bluff. The point of inflection is that ~point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. § 275-3 Find_ings; purpose;jurisdiction; setbacks. C. Jurisdiction: The fi~llowing areas are subject to protection under Chapter 275 of the Code of Southold. [Amended 10-11- 2005 by L.L. No. 17-2005] (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, fiat, marsh, swamp, }vet meadow, bog, or vernal pool; (5) Land within lOO feet of the areas listed above. 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: (h) Btuff line. [1] Residence: l OO feet. [2] Driveway: l OO feet. [3] Sanita~ leachingpool (cesspool): lOO feet. [4] Swimming pool and related structures: l OO feet. 0~1131~008 13:09 /.If the A~,encv. 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. [-t In the event the LI'VRP Coordinator's recommendation is that the action is inconsistent with the LkVRP, and the agency makes a contrary determination of consistency, the agency shah 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 IYRP policy standar&. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Tow~n of~South~,qd INSTRUCTIONS 1. All apphcants for permits* including Town of Southold a~en~i¢.~ ~hall eomh~l~?'-'.'," ' assessment is intended to supplement other information used g g:X.'.~,T, own--"'h-~ Southol~l"~ge~c~-'[n'''~' 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, pohcies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A vrovosed action will be evaluated as to its significat~t 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" 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 answer must be explained in detail~ listing both supporting and non- ~. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. ico..py,o,the LWI~., ~ is, available in the following places: online at the Town of Southold's website urn. olato .w~...no~rmlor~:ne!!, thee. Board of Trustees Office, the mlanningrl~partment, all local ranes ana me lown ClerKs office. a PROJECT NAME RECONSTRUCTION OF TIIE COI~ Th ' ' d to check a . e Apphcation has been submitte ( ppr°t~C~ ~ ~"~ . TownBoard [-~ Planning Board ~'~ Building~De~t. ~ Boar~2 ~u-~ees'~ 1. Category of Town of Southold agency action (check appropria~nse)j (a) Action undertaken directly by Town agency (e.g. capital - ~-~ construction, plann/ng activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature andextentofacfion: Demolition od existing residence and abandonment of existi,.g sanitary system, and construction of new ~wo s%ory re. Idac,ce with sanitary system and new garage ih conforming locations Location of action: Site acreage: 126,880 sf; 2.913 acres Present land use: sini~le family residence Present zoning classification: R- 80 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 C. Samuels (for Gre~I and Martha Cukor) (b) Mailing address: 25235 Main Road, Cutcho~lue, NY 11935 (c) Telephone number: Area Code ( ) 734-6405 (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?. NYSDEC 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 Southoid 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 · ' ' ' a d s'' ore ite. Most of the ' ' ' erved o en s ace, and far less than the allowable 20% of the site will be developed. ~ Attach additional sheets if necessary '~-- Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section HI - Policies Pages 3 through 6 for evalUation criteria ~ Yes [] No [] Not Applicable There are no historic or archeological structures on the property. 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 The new structure is in keuptn9 with bhu ~ual~ a.d ~L~i= o£ ~ii .......... 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 ~' ~: ..... ~ runcff ~ =~ ~'i!l be r~n~ nn t'.hta site wi~h the .,:se of ,,nHo~rn,ln~ drywells. During construction hay bales will be placed between the construciton and the shore, to keep runoff spoils on the site. 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 Ai~i~'ai,iw&~z z-uno~f is and will bc ret=_ine~_ ~.h~n ~.h~ upland, m for the residence t. of Health Services standards ' water: The r? ert is not served by p~ lc water s__s~stems, but the new well will be sl*~-~ approprla e . 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 [~c Not Applicable NF~ d~v~l Opm~ng~ ?w~ 1 I ~.~k~a pl a~e i n the "protected" or "indiqenous ~nv( r~nment" , At~ach 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 · h~ ~v~l~pm~n~ w~ll not ~dd polluntants into the air. Ail construction vehicles meet the Fedral standards for air pollution discharg. The mechanical systmes of the residence meet the Fedral standards for air pollution discharge. 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 Y}L~ uu.=Lr~cbion and usa cf thc residence ':~iTM mn~ 11R~ Of m .... ,~ ~4 ..... 1 =.~ ~=~rml(n~ P~n~or All waste water "s~n!tRry" w411 h~ ~(~harq~d into an approved SCDHS sanltarv system. 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 involved T,~ kknrs I ~e~ess unimpeded. Attach additional sheets if necessary WORKING COAST POLICIES · , Policy 40. 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 There are no p~blic or commercial activities or uses on site. Historically this property ano neighboring properties resldentail in use and Will remutn 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 Thi~ prcjcct Till prctcct and preserv~ ~h~ l~v~nq marine r~so~rces by m~n~n~n~ ali rainwater discharge and sanitary flow from the residence on site by approved SCDHS Sanitary sytem and drywells for rainwater runoff. 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 Th=~= ar& ne a~ricultur~_l ~o ~n ~to. Attach additionhl 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 The con~*~,,~klnn w~ll be using equipment approved by the Feeral 9~vernment for enerqy usage. The residence will meet FeGeral standards for conserving energy "energy Star Frogram" use "NY State Energy Conservation ano ConscrucLiu~ Code" for construction of ~ne residence. PREPARED BY Amended on 8/1/05 TITLE TEST HOLE BY McDONALD GEOSCIENCE TEST HOLE DATA (4/10/08) NOT TO SCALE GRADE ELEVATION + 72.0 FT. SITE DATA SCTM # 1000-86-7-6 PROPERTY: 7070 INDIAN NECK LANE 3 FT. BROWN SILTY SAND SM ADDRESS PECONIC, NY PALE BROWN FINE TO OWNER: GREG & MARTHA CUKOR 5913 MEADOW ROAD 17 FT MEDIUM SAND SP BALTIMORE, MD 21212 NO WATER ENCOUNTERED SITE: 126,880 sf = 2.913 ac ZONING: R-80 ~IL~IN~ ~ALL ~E LINE ~EYATION +/- 22'.0 ~T. FF EL;V +25.O ~ /% I' HI, N. 2' H~. SURVEYOR: JOHN C. EHLERS I/~"~T. ~ /~"~ I I TO~ OF POOL / 6 EAST MAIN STREET RIVERHEAD, NY 11901 LiE. +=o.~, I! =,,, I I. ,,,.*,..~ ,~.J~%. / <.. ,<, LOCATION MAP SEPTIC PROFILE~OUN=~A~R ~ ENC~UN~=~ / / / / Edward D. Dart · Judy L. Dart // /< ,/ N/F dudy Dart / / L_ / / N25'42'40"W 531.08' PI~OJE~T 51~ -- ~LL . N/F High House Woods Inc. & ;phen S. S23'44'30"E 1006.55' ~'~"' +2,2.0 ~us EXISTIN~ TO PROPOSED Rushin om ~XISTI'N~ I 5ANITARY Patricia t=ROF~SED 5~PTIC 5'r'STEI'4 abc LC]/q e (m)* FT. ~IA. X'I= FT. HT. ~P) LEAGHI~ "OOL (I) ~ FT DIA x ~ FT HT ~) ~AN~ION POOL UTILE PECONIC BAY SITE PLAN SCALE: t" = 40'-0" PROJECT NO: 0711 DRAWN BY: TCS CHECKED BY: DATE: 3/27108 SCALE: 1" = 40'-0" SHEET TITLE: SITE PLAN SHEET NO: 1