HomeMy WebLinkAbout1000-70.-6-23 OFFICE LOCATION:
Town Hail Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
To:
From:
MEMORANDUM
Gerard Goehringer, Chair
Members of the Zoning Board of Appe
Mark Terry, Principal Planner
LWRP Coordinator
Date: June 16, 2008
Re:
Request for a Variance D & P Berkowitz
ZBA#6165
The purpose of this memo in addition to recommending a consistency determination is to
clarify the LWRP review process as it relates to applications reviewed by the Zoning
Board of Appeals and the Board of Trustees.
The proposed action which 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
from LWRP review pursuant to § 268 of the Southold Town Code.
Policy 6: Protect and restore the quality and function of the To~vn of Southold
ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
The setback from the proposed free form pool to the wood retaining wall (bulkhead) is 49
feet and the proposed distance from the screen porch to the proposed screened porch is 74
feet; a minimum setback of 75 feet is required by Article XXIII. § 280-116. Building
setback requirements adiacent to water bodies and wetlands. [Added 3-14-1989 bv L.L.
No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993]
"B. ,4ll buildings or slruclures located on lots upon which a bulkhead, concrete wall,
riprap or similar slructure exists and which are adjacent to tidal water bodies other than
sounds shall be set back not less than 75 feet from the bulkhead...."
Please require that the applicant amend the application to meet the above policy to the
greatest extent possible.
Figure 1. Berkowitz Residence
It is important to note that the Board of Trustees issued a consistency determination on
December 12, 2007. The consistency determination, although, important due to the
mitigative measures imposed in the decision making, does not satisfy with § 268-5.
Review of actions, item F. of the Southold Town Code which states:
Upon recommendation o fL WRP Coordinator, the designated agentT shall
consider whether the proposed action is consistent with the L WRP polioT
standards' summarized in 3~' 268-1 herein. Prior lo making its determination qf
consistency, the designated agency shall consider the consia'tency
recommendation qf the LWRP Coordinator. The agency shall render a wrillen
determination of consistentT based on the £?gt~; the LWRP Coordinator
recommendation and such other information aa' is deemed necessary to its
determination. No approval or decision shall be rendered./br an action in the
coastal area without a determination of consistency. 7he designated agency
will make the final determination of consistency. The Zoning Board of,4ppeals
is the designated agency for the determination of consistency for variance
applications subiect to this chapter. The Zoning Board of Appeals shall
consider the written consistency recommendation of the L WRP Coordinator in
the event and at the time it makes a decision to grant such a variance and
shall impose appropriate conditions on the variance to make the activity
consistent with the ob/ectives of this chapter.
The language in the latter part of the section indicates that the Zoning Board of Appeals
"is the designated agency for the determination of consistency"; the language also gives
the Zoning Board of Appeals authority to impose conditions on the variance, stating that
the Zoning Board of Appeals: "shall impose appropriate conditions to the variance to
make the activity consistent with the objectives of this chapter'. The objectives of the
chapter refers to the determination of consistency relative to an proposed action meeting
the thirteen LWRP policies.
Based upon the above the Board of Trustees interaction with joint reviews with the
Zoning Board of Appeals is as a commenting board on the proposed action. This
structure is similar to the Zoning Board of Appeals and Planning Board process, where
the Planning Board issues comments to the Zoning Board of Appeals on applications.
Finally, the Zoning Board of Appeals should impose mitigative conditions (if applicable)
in the decision making process so that the proposed action meets or furthers the thirteen
policies of the LWRP.
Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this
recommendation in preparing its written determination regarding the consistency of the
proposed action. Please contact me with any questions.
Cc~
Southold Board of Trustees
Patricia Finnegan, Town Attorney
Kieran Comoran, Assistant Town Attorney
Scott Hilary, LWRP Coordinator
· ' API~EALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTI-IOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road · RO. Box ! 179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
June 10, 2008
Mr. Mark Terry, LWRP Coordinator
LWRP (Planning Board) Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA # 6165 - D. and P. Berkowitz (Jockey Creek)
Dear Mr. Terry:
We have received an application for new construction as detailed on the
enclosed map. A copy of the building Inspector's Notice of Disapproval under
Chapter 280 (Zoning Code), Trustees' permit, LWRP letter to Trustees, and
Legal Notice, are attached for your reference.
May we ask for your,w.r,i~eo. ~valuat~.d-~, r the LWRP Chapter with
recomrr~r~ations~f6r this propos~_aL(13~".,J'gne 13 2008).
'~'~' ' ~9~ ~ ~ S08 ~- V~W truly yours,
'~.- ~ ~d P. Goehringer, Chairman
Encls.
EN-CONSULTANTS, INC.
1319 North Sea Road
Southampton, New York 11968
631-283-6360
Fax: 63%283-6136
www. enconsultants.com
ENVIRONMENTAL CONSULTING
April 21, 2O08
Mark Teny, LWRP Coordinator
Planning Board, Town of Southold
P.O. Box 1179
Southold, NY 11971
Re: Berkowitz~ 3683 Pine Neck Road~ Southold - Addendum to LWRP Consistency Assessment Form
Dear Mr. Terry:
Attached please find an LWRP Consistency Assessment Form that is being submitted to you in connection with an
application being concurrently submitted to the Board of Zoning Appeals. You will note that this same document was
delivered to and reviewed by you in November 2007 in association with a Wetlands Permit application submitted to the
Board of Trustees for the same work. Since you originally reviewed this document, however, the site plan was revised at
the request of the Trustees to increase the size of the buffer area landward to the 8-foot elevation contour, effectively
replacing approximately 2,640 square feet of lawn with native vegetation. Based on this change, the Trustees deemed the
application consistent with the LWRP and issued Wetlands Permit No. 6775 for the project on December 12, 2007.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Robert E. Herrmann
Coastal Management Specialist
cc: Linda Kowalski, Board of Zoning Appeals
Town of Southold
INSTRUCTIONS
LWRP CONSISTENCY ASSESSMENT FORM
AJlapp[icantsf0rpermits* including T0wn 0fS0uth0]d agencies, shall c0rnpletethisCCAF for
proposed actions that are subject to the rnwn of S0uth01d W aterfr0nt Consistency Review Law~ This
assessmenlis intended to supplement0therinf0rrnati0n used by a T0wn 0fS0uth01d agency in
m a k in g a d ete r m in a ti0 n 0 f c 0 n s iste n c y. *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 answer must be explained in detail, listing both supporting and non-
sul~l~ortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
SCTM# 7o
A copy of the LWRP is available in the following places: online at the To~wn o~
(southoldtown.northfork.net), the Board of Trustees Office, the ~pa~r,[.m..,:~.t~all loc~
libraries and the Town Clerk's office, t~ ~t!;,.~,i,nu'¢' ~
DESCRIPTION OF SITE AND PROPOSED ACTION
6 - 23
PROJECT NAME DANIEL & PASQUAL1NA BERKOWITZ
:bsite
BOARD OF APPEALE
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 ABOVE-GROUND SWIMMING POOL AND DECK, AND CONSTRUCT INGROUND SWIMMING POOL
AND PATIO; CONSTRUCT 12' X 16' SCREENED PORCH ADDITION PARTIALLY IN-PLACE OF EXISTING DECK, STEPS,
AND WALK TO BE REMOVED, AND CONSTRUCT NEW STEPS; ESTABLISH A NONTURF BUFFER; AND INSTALL A
POOL DRYWELL LANDWARD OF CHAPTER 275 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY
NATHAN T. CORWIN III, LAND SURVEYOR, LAST DATED OCTOBER 30, 2007.
Eocation of action: 3683 PINE NECK F, OAD, SOUTHOLD
Site acreage: 0.647
Present land use: RESIDENTIAL, ONE-FAMILY DWELLING
Present zoning classification: R-40
If an application for the proposed action has been flied with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant: DANIEL & PASQUALINA BERKOWITZ
(b) Mailing address: 133 RAYMOND STREET
DARIEN, CT 06820
(c) Telephone number: Area Code 631-765-8035
(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 Southoid that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use ora 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 Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
~ Yes ~ No [~ Not Applicable
THE PROJECT IS CONSISTENT WITH POLICY 3 INSOFAR AS IT SHALL ESTABLISH A NONTURF BUFFER TO BE
PLANTED WITH NATIVE VEGETATION INPLACE OF AN EXISTING, MAINTAINED LAWN AREA UP TO 10 FEET
LANDWARD OF AN EXISTING RETAINING WALL AND 8 FEET ABOVE MEAN SEA LEVEL, THUS RESTORING AND
PRESENTING A MORE NATURAL APPEARANCE ALONG THE SHOREFRONT.
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 $. 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
THE PROJECT WILL RESULT IN THE PROTECTION AND IMPROVEMENT OF WATER QUALITY AND THUS BE
CONSISTENT WITH POLICY 5 VIA THE FOLLOWING INCORPORATED MITIGATION MEASUKES:
1 ) ESTABLISHMENT OF A NONTURF BUFFER UP TO 35 FEET LANDWARD OF THE SURFACE WATERS OF JOCKEY
CREEK;
2) INSTALLATION OF A DRAINAGE SYSTEM OF DRYWELLS TO CAPTURE AND RECHARGE ROOF RUNOFF FROM THE
EXISTING DWELLING STRUCTURE; AND
3) INSTALLATION OF A POOL DRYWELL DEDICATED TO CAPTURING POOL BACKWASH.
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
THE'PROJECT WILL BE CONSISTENT WITH i. ICY 6 DUE TO THE INCORPORATED IV. ,DATION AND PROTECTIVE
MEASU 'P. sES OUTLINED ABOVE. IN ADDITION, A PROJECT-LIMITING FENCE AND STAKED HAYBALES WILL BE
INSTALLED ABOVE THE 10-FOOT ELEVATION CONTOUR DURING CONSTRUCTION TO CONTAIN ANY SITE
DISTURBANCE DURING CONSTRUCTION. WITH RESPECT TO THE PROJECT'S COMPLIANCE WITH TRUSTEES AND
NYSDEC LAWS AND REGULATIONS, THE SWIMMING POOL EXCEEDS THE WETLANDS SETBACK SET FORTH IN
CHAPTER 275 BY 7 FEET; THE PORCH ADDITION WILL BE 82 RATHER THAN 100 FEET FROM WETLANDS BUT
PARTIALLY IN PLACE OF AND IN LINE WITH THE EXISTING DECK AND THUS ENCROACH NO FURTHER UPON THE
WETLANDS; AND THE WORK HAS BEEN EXEMPTED FROM THE DEC'S TIDAL WETLANDS JURISDICTION DUE TO iTS
LOCATION LANDWARD OF 10-FOOT ELEVATION CONTOUR ABOVE MEAN SEA LEVEL.
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
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 erlteria.
[-~ Yes ~ No [5~ 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 [--q No [5~ Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
"Policy 10. Protect Southold's water-de, ldent uses and promote siting of nr water-depen.dent
suitable locations. See LWRP Section Ih - Policies; Pages 47 through 56 for e~,,iuation 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 Peconic Estuary
and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
[--1 Yes [--] No [~ Not Applicable
Attach additional sheets if necessary'
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IIl- 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
RoBER~ERRMANN
TITLE COASTAL MGMT SPECIALIST DATE 11/9/07
Amended on 8/1/05
FORM NO. 3
NOTICE OF DISAPPROVAL
BOARD OF APPEAL!
DATE: January 23, 2008
RENEWED & AMENDED: April 11, 2008
TO: Daniel & Pasqualina Berkowitz
133 Raymond Street
Darien, CT 06820
Please take notice that your application dated January 14, 2008(~ /~r~0 t~ ~a~O~~
For permit for construction of an in-ground swimming pool a~c~ rear porch at
Location of property: 3683 Pine Neck Road, Southold
Tax Map No. 1000 - S~lock_6 Lot 23
County
Is returned herewith and disapp'rovL~d'6h the following grounds:
The proposed construction, on this noncontbrming 28,191 square foot lot in the R-40 District is not
permitted pursuant to Article XXII Section 280-116 B, which states;
"All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure
exists and which are adiacent to tidal water bodies other than sounds shall be set back not less
than seventy-five (75) feet from the bulkhead."
The proposed construction is noted as being +/- 50 feet from the bulkhead.
This Notice of Disapproval was written based on a survey last dated October 30, 2007, by Nathan Taft
Corwin, III, LS. ~-~ ~ ~- ~
Note to Applicant: Any chart_ :or deviation to the above referenced application, may require
further review by the Southold~artment.
CC: file, Z.B.A. --
BOZL ~ WA'I~R
CONS~:W'ATION DZ6~R.TC'~
FAX: (631) 727-3160
6317273168
USDA NRCS
COUNTY OF SUFFOLK
St~v~ L~T
PAGE 82/62
D'r 6~]~P.,TCT ~
(631) 727-231.5
May 29, 2008
Gerard P. Goehringer, Chaln~i~n
Southold Town Board of Appeals
53095 Main Road, P.O. Box 1179
Southold, NY 11971-0959
RE: ZBA Ref No 61615 (Berkowitz)
Dear Chairman Goehringer:
As per your request a site investigation was conducted at 3683 Pine Neck Road in
Southold (SCTM#1000-7-6-23). This site is the location for the proposed in-ground
swimming pool and rear porch. No natural resource concerns were found at the site.
The subject property slopes towards Jockey Creek and is in permanent grass cover.
Every effort should be made during construction, tO minimize soil disturbance and
maintai .n or re-establish vegetative cover.
Should you require further information or have any questions please do not hesitate to
a ~box¢: ........
Sharon Frost
8off District Technician
Cornell Cooperative Extension Building * 423 Grilling Avenue . Riverhead, NY 11901
· ~James F. King, President
Jill M. Doherty, Vice~President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OFTOWNTRUSTEES
TOWN OFSOUTHOLD
December 12, 2007
Mr. Robert E. Herrmann
EN-Consultants, Inc.
1319 North Sea Road
Southampton, NY 11968
BOARD OF APPEALS
RE:
DANIEL & PASQUALINA BERKOWlTZ
3683 PINE NECK ROAD, SOUTHOLD
SCTM# 70-6-23
Dear Mr. Herrmann:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, December 12, 2007 regarding the above matter:
WHEREAS, En-Consultant, Inc. on behalf of DANIEL & PASQUALINA BERKOWlTZ
applied to the Southold Town Trustees for a permit under the provisions of Chapter 275
of the Southold Town Code, the Wetland Ordinance of the Town of Southold,
application dated November 15, 2007, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be
found Inconsistent with the LWRP, and,
WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront
Revitalization Program to the greatest extent possible through the imposition of the
following Best Management Practice requirements: a non-turf buffer from the 8'
elevation contour line extending seaward, and
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on December 12, 2007, at which time all interested persons were given an
opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the
Southold Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that for the mitigating factors and based upon the Best Management
Practice requirement imposed above, the Board of Trustees deems the action to be
Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5
of the Southold Town Code, and,
RESOLVED, that the Board of Trustees approve the application of DANIEL &
PASQUALINA BERKOWlTZ to remove the existing above-ground swimming pool and
deck, and construct an in-ground swimming pool and patio; construct 12'x 16' screened
porch addition partially in-place of existing deck, steps, and walk to be removed, and
construct new steps; establish a non-turf buffer; and install a pool drywell landward of
Chapter 275 jurisdiction, with the condition of the non-turf buffer be placed from the 8'
elevation contour line extending seaward, and as depicted on the survey prepared by
Nathan Taft Corwin Ill, Land Surveyor, last dated December 14, 2007, and received on
December 17, 2007.
Permit to construct and complete project will expire two years from the date the permit
is signed. Fees must be paid, if applicable, and permit issued within six months of the
date of this notification.
Inspections are required at a fee of $50.00 per inspection. (See attached schedule.)
Fees: $ 50.00
Very truly yours,
James F. King
President, Board of Trustees
JFK/eac
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-19~8
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
MEMORANDUM
To: Jim King, President
Town of Southold Board of Trustees
Mark Terry, LWRP Coordinator
Principal Plmmer
Date: December 10, 2007
DEC I 0 2007
$0ulhh01d T0w0 --
Board of Trustees
Re:
Wetland Pen]nit for DANIEL & PASQUALINA BERKOWITZ
SCTM# 70-6-23
DANIEL & PASQUALINA BERKOWlTZ request a Wetland Permit to remove the
existing above-ground swimming pool and deck, and construct an in-ground swinuning
pool and patio; construct 12'X 16' screened porch addition partially in-place of existing
deck, steps, and walk to be removed, and construct new steps; establish a non-turf buffer;
and install a pool drywell landward of Chapter 275 jurisdiction. Located: 3683 Pine Neck
Rd., Southold. SCTM#70-6-23
The proposed pool 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 CONSISTENT with
the denoted following Policy Standards and therefore is CONSISTENT with the LWRP.
The proposed patio and screened porch have 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 welt 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.
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.
The distance from the proposed patio to the wetland boundary
(bulkhead) is 45 feet~ the distance from the proposed screened porch to
the wetland boundary is 73 feet~ a minimum setback distance of 100 feet
is required pursuant to Chapter 275-3.Findings: ourpose~ iurisdiction~
setbacks. Please require that the applicant amend the application to meet
the above policy to the greatest extent practical.
If the action is approved the following best management practices (BMP's) are
recommended:
1. Require a minimum 20' non-turf, native vegetation buffer landward of the
wetland line.
The BMP's will further Policies 5, Protect and improve water quality in the Town of
Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below).
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.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
MT/hkc
jOCKEY
DR,
N
S 80'57'59,
~.~_~ 49.7,3'
.. ~_ pROPOSED .... R
^9.2 NoN-TURF BU~r~
45.
x SET
SET
~OOL
/
/
,, %
)POSED TEMPORARY
PROJECT-LIMITiNG FENCE
& ROW OF STAKED HAYBALES
--12
--14
j16
70.0' ~ I~' ~ D.5' '
D.5'
1 sTORY FRAME HouSE
& GARAGE wITH DORMERS
TAYLOR WERNER
iiATTHEW _.,,.,q, TAYLOR
ALAN I. BAD
LINDA MILLER
;ATIONS:
445 cu. ft.
vertical ft. of 8' dia. leoching pool required
high STORM DRAIN POOLS
P DRYWELLS FOR ROOF RUN-OFF" ARE SHOWN THUS:
~XISTING LOT COVERAGE DATA
OVER UPIAND AREA
D AREA = TOTAL LOT AREA - WETLAND AREA
UPLAND AREA = 26,607 sq. ff.
TION AREA % LOT COVERAGE
2,254 sq. fi. 8,5%
165 sq. ff. 0.6%
S & STEPS 666 sq. ff. 2.5%
351 sq. ff. 1.2%
5,414 sq. ff. 12.8%
SURVEY OF PROPERTY:
SITUA TED A T
$OUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-70-06-2.3
SCALE 1"=20'
MARCH 12, 2007
JUNE 15, 2007 PROPOSED POOL
SEPTEMBER 18, 2007 ADDED FLAGGED WETLAND LINE
OCTOBER 50, 2007 ADDED PROP. PORCH &: STEPS
DECEMBER 14, 2007 REVISED NON-TURF BUFFER
MARCH 26, 2008 LATH PROP. POOL &: ADD ADDITIONAL NOTE
AREA = 28,191.10 sq. ff.
(TO TIE LINE) 0.647 ac.
>ROPOSED LOT COVERAGE DATA
OVER UPLAND AREA
D AREA = TOTAL LOT AREA - WETLAND AREA
UPLAND AREA = 26,607 sq. ff.
TION AREA % LOT COVERAGE
)USE 2,254 sq, ff. 8.5%
)RCH 165 sq. ff. 0.6%
DOD DECK 439 sq. ff. 1.6%
POOL 778 sq. ff. 2.9%
SCREENED PORCH 188 sq. ff. 0.7%
WOOD STEPS 48 sq. ff. 0.2%
5,870 sq. ff. 14.5%
NOTES:
1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929
EXISTING ELEVATIONS ARE SHOWN THUS:~
EXISTING CONTOUR LINES ARE SHOWN THUS:
KFL. - FIRST FLOOR
G. PL - GARAGE FLOOR
TR. - TOP OF BULKHEAD
8. B. BOTTOM OF BULKHEAD
TW TOP OF WALL
BW BOTTOM OF WALL
2, FLOOD ZONE INFORMATION TAKEN FROM:
FLOOD INSURANCE RATE MAP No. 36105C0166 G
ZONE AE: BASE FLOOD ELEVATIONS DETERMINED
ZONE X:
DATUM
AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN.
_CE~R._ T_ZFJE_D_ _T_O.2
DANIEL BERKOW!TZ
PASQUALINA BERKOWlTZ
PECONIC ABSTRACT INC.
LBOARD OF APPEAL~
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
WAY
-- 20' wIDE
139.54'
UNAUTHORIZED ALTERATION OR ADDITION
TO THIS SURVEY IS A VIOLATION OF
SECTION 7209 OK THE NEW YORK STATE
EDUCATION LAW.
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S INKED SEAL OR
EMBOSSED SEAL SHALL NOT BE CONSIDERED
TO BE A VALID TRUE COPY.
CERTIFICATIONS INDICATED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
TITLE COMPANY, GOVERNMENTAL AGENCY ANO
LENDING INSTITUTION LISTED HEREON. AND
TO THE ASSIGNEES OF THE LENDING INSTI-
TUTION. CERTIFICATIQNS ARE NOT TRANSFERABLE
THE EXISTENCE OF RIGHTS OF WAY
AND/OR EASEMENTS OF RECORD, IF"
ANY, NOT SHOWN ARE NOT GUARANTEED.
PREPARED IN ACCORDANCE WITH THE MINtMUM
STANDARDS FOR TITLE SURVEYS AS ESTABLISHED
BY THE L.I.A.L.S. AND APPROVED ANO ADOPTED
FOR SUCH USE BY STATE LAND
N.Y.S. Lic. No. 50
Nathan Taft Corwin
Land Surveyor
Title Surveys -- Subdivisions --
PHONE (651)727-2090
OFFICES LOCATED AT
522 Roanoke Avenue
Riverhead, New York 11901
S;te Plans - Construction Lay<
Fax (651)727-172
MAILING ADDRESS
P.O. Box 1931
Riverheed, New York 1190