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Home My WebLink About1000-118.-1-9OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 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 ALAN CARDINALE JR. SCTM# 118-1-9 En-Consultants, lnc. on behalf of ALAN CARDINALE JR. requests a Wetland Permit to remove an existing accessory dwelling structure and attached deck, asphalt driveway, and leaching pool, and construct a one-story detached garage, pervious gravel driveway extension, and install drywell to capture and recharge roof runoff. Located: 1134 Bridge Lane, Cutchogue. SCTM#118-1-9 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. 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 Southold 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. § 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, bluff dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; D. Setbacks. Thejbllowing minimum setback~ apply lo aTty and all operations proposed on residential property within the jurisdiction ttf the Board ef Trustees: (a) Wethmd boundary. [1] Residence: lOO feet, The distance from the bulkhead to the proposed action (garage) is approximately 32 feet; a minimum setback distance of 100 feet from the wetland boundary (bulkhead) 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. If the action is approved the following best management practice (BMP) is recommended: 1. Require a minimum 20' non-turf buffer landward of the entire bulkheaded property. 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 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 So~'nthold ~ A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A 11 applicants for perm its* including Tow n of Southold agencies, shall corn plete this C C A F for proposed actions that are subject to the Town ofSouthold Waterfront Consistency Review Law. This assessm ent is intended to supplem en~ other inform a;ion used by aTownofSoutho[d 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. 2. Before answering the questions in Section C, thc 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 answer must be explained in detail, listinll both supporting and non- suDoortin,~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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 local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 9 PROJECT NAME ALAN A. CARDINALE, JR. The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board ['~ Building Dept. [~ Board of Trustees [~ 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: REMOVE EXISTING ACCESSORY DWELLING STRUCTURE AND ATTACHED DECK, ASPHALT DRIVEWAY, AND LEACHlNG POOL; AND CONSTRUCT ONE-STORY DETACHED GARAGE, PERVIOUS GRAVEL DRIVEWAY EXTENSION, AND INSTALL DRYWELL TO CAPTURE AND RECHARGE ROOF RUNOFF, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY NATHAN T. CORWIN IIl, LAST DATED SEPTEMBER 23, 2008. Location of action: 1134 BRIDGE LANE, CUTCHOGUE Site acreage:. 1.8995ACRES Present land use: RESIDENTIAL Present zoning classification: R-40 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: ALAN A. CARDINALE, JR. (b) Mailing address: P.O. BOX 77 MATTITUCK, NY 11952 (c) Telephone number: Area Code 631-298-8494 (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 Ill - 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 ~ ,~es 73 No [~ Not Applicablc 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 PROPOSED GARAGE WILL BE CONSTRUCTED IN THE SAME GENERAL LOCATION AS THE PREEXISTING BUILDING AND IS SIMILAR IN SIZE, LOCATION, CHARACTER, AND USE TO THAT PRESENT ON THE ADJACENT PROPERTY TO THE EAST. THE PROJECT WILL NOT NEGATIVELY IMPACT VISUAL QUALITY OR SCENIC RESOURCES ASSOCIATED WITH THESE DEVELOPED SITES. 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 Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria E~ Yes ~ No ~ Not Applicable GROUNDWATER QUALITY AT THE SITE WILL BE SIGNIFICANTLY IMPROVED VIA PERMANENT ELIMINATION OF THE EXISTING LEACHING POOL AND SEPTIC DISCHARGE ASSOCIATED WITH THE PREVIOUS DWELLING USE TO BE ELIMINATED; AND SURFACE WATER QUALITY WILL BE IMPROVED VIA THE NET REDUCTION IN POTENTIAL RUNOFF RESULTING FROM THE NET DECREASE IN LOT COVERAGE BY IMPERVIOUS SURFACES AND INCREASE IN ON-SITE DRAINAGE CAPACITY VIA THE INSTALLATION OF A DRYWELL. 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. RYes -- No ~ Not Applicable SEE ATTACHED Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Soathold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--] Yes [--] No [~ 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 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 E~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Alan A. Cardinale, Jr. 1134 Bridge Lane Cutchogue, NY SCTM # 1000-118-1-9 L }YRP CONSISTENCYASSESSTMENT FORM Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and I~Yildlife Habitats and wetlands. See £I~RP Section 111- Policies; Pages 22 through 32 for evaluation criteria. The project consists of the removal of an existing accessory dwelling structure, attached deck, leaching pool, and asphalt driveway, and the construction of a detached garage and pervious gravel driveway extension in the same general location on the property. As a result of the project, the minimum setback fi.om impervious surfaces to the nearest wetlands (bulkhead) will remain unchanged at_+31 feet (31.8 to 31.1 ), and the minimum setback from impervious surfaces to the unbulkheaded wetlands associated with the creek will increase from 52' to 67'. Also as a result of the project, lot coverage by impervious surfaces will decrease by 246 square feet; the driveway will be comprised of pervious gravel; the garage will be equipped with leaders and gutters; and a drywell will be installed to capture and recharge roof nmoff. Thus, the project will result an improvement in drainage and a net decrease in potential nmoff. The project also eliminates a longstanding preexisting nonconforming dwelling use and associated septic discharge via removal of the dwelling quarters and existing leaching pool, which will result in a substantial improvement to grotmdwater quality adjacent to the wetlands. The previously established nonturf buffer behind the bulkhead at this location will also remain in place. Therefore, the project will result in a net improvement in wetlands setbacks to impervious surfaces; a net decrease in coverage by impervious surfaces; and a complete elimination of septic discharge at this location, thus resulting in a net improvement to both surface and groundwater quality and consequent benefits to the adjacent wetlands and tidal waters. Because the new structure could not be located any farther from the bulkhead without placing it closer to the unbulkheaded, vegetated tidal wetlands associated with the creek to its south, utilizing the same location while eliminating the asphalt driveway nearer to those wetlands (thereby increasing the setback of impervious surfaces to those southerly wetlands by 15 feet) provides the best practicable compliance with the setback requirements of Chapter 275. Therefore, the project is consistent with Policy 6. Policy 10.,Prote~t Southold's water-dependent uses and promote siting of new water-dependent suitable locations. See LWRP Section IH - Policies, Pages 47 through 56 for evaluation criteria. ~ Yes [---] No [~] Not applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic 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 "~,/~ ROBERT l~ERRMANN - TITLEcoASTAL MGMT SPECIALIST DATE 9/23/08 Amended on 8/1/05 oJ~ ,? J7 C) S 89'28'01" E 29.46' W 28.06' 45 S 79.17,19" £ Po~vD s 52'57'54" ~o~9 75,55' LANE TEST HOLE DATA (7£$7 HO£E OUG BY McOONA£D GEOSO~ENCE ON NOVEMBER SURVEY OF PROPERTY SITUATE NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-118-01-,5.1 1000-118-01 -09 SCALE 1"--.50' DECEMBER 27, 2004 DECEMBER 5, 2006 ADDED PROPOSED ADDITIONS DECEMBER 20, 2005 ADDED ADDITIONAL NOTES JULY 25, 2008 UPDATE SURVEY SEPTEMBER 25, 200~ ADDED GARAGE PROPOSAL NOTES: LOT AREA DATA (TO TIE UNES & BULKHEAD) S.C. TAX No. 81,949 sq. ft. L 000- 8-0 09 1.881 ac. AS SHOWN ON G THIS PROPERTY IS SHOWN AS PART OF LOT 116 ON AMENDED MAP A OF NASSAU POINT FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON AUGUST 16, 1922 AS FILE No. 156. 2, ELEVATIONS SHOWN ARE REFERENCED TO N,G.V,D. 1929 DATUM. 5. NO ADDITIONAL FILL SHALL BE REQUIRED. 4. THIS PROPERTY IS IN FLOOD ZONE AE (EL 8) FLOOD INSURANCE RATE MAP No. $610~C0502 ZONE AR' BASE FLOOD ELEVATIONS DETERMINED EXISTING LOT COVERAGE DATA OVER WETLAND ADJACENT AREA WETLAND ADJACENT AREA= 66,184 sq. ff. DESCRIPTION AREA % LOT COVERAGE HOUSE 3,289 sq. ff. 5.0% WOOD PORCH 2,405 sq, fl, 5.6% GAZEBO 10o sq. ff. 0.2~ PREVIOUSLY EXISTING 516 sq. ff. 0.5% BUILDING PREVIOUSLY EXISTING 165 sq. ft. 0.2% DECK PREVIOUSLY EXISTING 580 sq. ff. 0.9% DRIVEWAY TOTAL 6,855 sq. fl. 10.4% PROPOSED LOT COVERAGE DATA OVER WETLAND ADJACENT AREA WETLAND ADJACENT AREA= 66,184 sq. fl, DESCRIPTION AREA % LOT COVERAGE HOUSE 3,259 sq. ff. 5.0% WOOD PORCH 2,405 sq. ff. 3,6% GARAGE _ 761 sq. ff. 1.1% GAZEBO 100 sq, ff. 0.2% CONC, PAD 54 sq. ff. 0.1% TOTAL 6,609 sq. ff. lO.O% THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY. NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MLNIMUM STANDARDS FOR TRLE SURVEYS AS ESTABUSHED BY THE LI^L~ AND ^PPROVED AND ADOPTED N Y,S, Lic, No. 50467 Nathan Taft Corw n III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 27 ~81