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HomeMy WebLinkAbout1000-23.-1-14.1OFFICE 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: 631 765-193 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: October 6, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for STEVEN & OLGA TENEDIOS SCTM#23-1-14.1 STEVEN & OLGA TENEDIOS request a Wetland Permit to demolish the existing structures on the property and construct a new dwelling and detached garage. Located: 17327 Main Rd., East Marion. SCTM#23-1-14.1 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. A. No development is permitted in natural protective feature areas, except as' specifically allowed under the relevant portions of 6 NYCRR 505.8. Natural protective features are nearshore areas, beaches, dunes, bluff~, and wetlands and associated natural vegetation. NATURAL PROTECTIVE FEATURE AREA -- A land and/or water area containing natural protective features the alteration of which might reduce or destroy the protection afforded other lan& against erosion or high water or lower the reserve of sand or other natural materials available to replenish storm losses through natural processes. All development is prohibited on the beach pursuant to § 111-12. A beach as defined in § 275-2 is 100 feet landward from the line of permanent vegetation. The location of the proposed action is with in the beach; approximately 35 feet from the line of permanent vegetation (see Figure #1 below). Further~ the Board of Trustees iurisdiction is within 100 feet of the beach pursuant to § 275-3. Please require that the applicant amend the application to the greatest extent practicable. § 275-2 Definitions; word usage. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe ora dune or blufJY or whichever is most seaward. ~Vhere no dune or bluff exists landward ora beach, the landwardlimit ora beach is lOO 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 seawarc~ Shore/ands subject to seasonal or frequent overwash or inundation are considered to be beaches. § i11-6. Definitions. NATURAL PROTECTIVE FEATURE -- ,4 nearshore area, bench, bluff, primary dune, secondary dune or marsh and their vegetation. § 111-12. Beach area. D. Ail development is prohibited on beaches unless specifically provided for by this chapter. § 275-3 Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, blufJ~ dune, fiat, marsh, swamp, wet meadow, bog, or vernalpool; (5) Land within lOO feet of the areas listed above. BEACH-100 feet landward l¥om the line of permanent vegetation. ~...~ . ...... Figure #1-Represents the beach of STEVEN & OLGA TENEDIOS SCTM#23-1-14.1. 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 lhe agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis fi~r 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. Town of Southold INSTRUCTIONS 1. L~RP CONSISTENCY ASSESSMENT FORM All apphcants for permits i~luding Town of Southold agencxes, shall complete this CCAF for proposed actions that are subject ~e 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 Waterf~nt 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 ~ the LWRP policy standards and conditions. If an action cannot be certified as consist~ff/w~ the LWRP policy standards and conditions, it shall not be undextaken. A copy of the LWRP is available in the follovlfi laces: o uli af e own of So u .o. ld's website (southoldtown. northfork.,n_,e.0, the Boa~ of 4~ntt~Office, the Planning Depaxlnient, all local libraries and the Town Clerk s office. B. DESCRIPTION or SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard [-"] Planning Dept. ~] Building Dept. [--] Bo~rd'°fTrnstees [~ 1. Category of Town of Southold agency action (check appr, x:[nri~e r~p~e~-'~/'~ '~ (a) Action undertaken directly b2kT~wntal~ei~Y(Y~,g, capital I I construction, plarming activi ~nL~,Yegula.~n, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: ~-~ \'5 Demolish an existing, two-story, one family dwelling and construct a m dwelling with a detached garage; remove existing sanitary!i~y,s~q~n~ ~str~ n~lw sanitary' at~13 W~t~r service I~s; drainage system; remove existing well and install new well I ~[(/ (see site plan). Location of action: 17327 Main Road (Route 25), East Marion, NY 11939 Site acreage: 1.77 Present land use: Residential one-family dwelling 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: Steven and Olga Tenedios Co) Mailing address: 690 North Sea Drive, P.O. Box 1196, $outhold, NY (c) Telephone number: Area Code ( ) (212) 983-7474, (917) 796-7920 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes V-~ 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 adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~-]Ves ~-~ No ~ (Not Applicable- please explain) The project entails the reconstruction of a single family dwelling with detached garage on a previously developed site. Policy 1 is not applicable to the project. 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 - please explain) The subject property does not contain nor does the project affect historic or archeological resources; nor is the project located in a historic madfime area. Policy 2 is not applicable to the project. 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 - please explain) To the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at the site through the protection and maintainance of the well-vegetated embankment: buffering the developed portion of the site from the tidal waters of Long Island Sound. 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- please explain) The project does not address nor affect errosion control structures or other errosion / flooding control initiatives. Policy 4 is not applicable to the project. Attach additional shee~s if necessary Policy 5. Protect and improve water qnality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No V-~ (Not Applicable - please explain) The proposed project is consistant with Policy 5 via (3) major project components: 1 - upgrade and relocation of the existing sanitary system more than 100 feet from the wetlands to ensure effective treatment of sanitary waste, 2 - installation of a drainage system of drywells to control, manage and recharge stormwater runoff; and 3 - retention of the embankment buffering the developed portion of the site from the tidal wetlands, which is to be preserved pen'nanently but also protected from the site disturbance dudng construction by a project-limiting fence and staked haybales. 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 D No ~ (Not Applicable - please explain) The project is consistent with Policy 6 due to incorporated mitigation and protective measures outlined above (see Policy 5) and because a project-limiting fence and staked haybales will be installed to contain site disturbance dudng construction. 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 - please explain) The project will neither affect nor have an impact on air quality in the Town of Southold. Policy 7 is not applicable to the project. Attach additional sheets if necessary Policy 8. Mininfize 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 - please explain) The project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable to the project. 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 Ill - Policies; Pages 38 through 46 for evaluation criteria. ~q Ye~ No ~-q (Not Applicable - please explain) Property has a 5' wide Right of Way East and 25' South, for public access to beach. 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 - please explain) The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to the project. 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 - please explain The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living madne resources of Long Island Sound. Policy 11 is not applicable to the project. 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-please explain The project site is neither situated on nor adjacent to the agricultural lands. Policy 12 is not applicable to the project. 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 - please explain The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the project. SURVEY OF LOT MAP OF Bt:P-.IONN®LOII2 BY THE SEA Fl! FD ~d.mC.~t,~T 22, PILE No. 6-711 SITUATE: EAST MARION TOP~: 5~;~T'HOLD 5Lq::FOLK GOUNTY, NY 5URYE'r'FI~: ,JJL'r' q, ~¢JFFOLK OOUNq"r' TAX # IOOO - 2~ - I - 14.1 BAY A~S'~,R ACT~, /'L&W'YERS ,TllTLF ~SU~M~E LONG ISLAND SOUND 245.26' S0uthh01d !0wn Board of Trustees + 'x LOT i, ,;4'¢-,' ,"- , ' ...... ;LAND SURVEYOfl/.4K4k 6 EAS'I MAIN STREET N.Y.S. LIC. NO~0~ RIVER}lEAD. NY. } 1901 ~ k~~. 369-828R Fax 369-8287 REF.XXCompaqse~erkprosk08X08-168.pro 4 I t NOTE~: I I 0 PIPF FOUND FLEVATION5 REFERENCF N~Vl~'2q AREA : 'VL2134 5F OP. I.-/-i ACRE-5 ®RAPHIC, ~:~--.ALE I"= 40' 7' MAP LEGEND SUFFOLK COUNTY TAX MAP No.: 1000-23-1-14.1 EXI~ING HOU~E: PROPERTY OWNED LAND OF THE STATE ,~o,o~o HOU~, ~o~.~. ~. (VACANT) 25' WIDE R.O.W. ~E~ FIk~D MAP SITfi SCALE: 1" = 20'-0'