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HomeMy WebLinkAbout1000-56.-5-22OFFICE 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: From: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: May 6, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland permit for ESTATE OF EILEEN O. GOLDNER SCTM#56-5-22 En-Consultants, Inc, on behalf of ESTATE OF EILEEN O. GOLDNER requests a Wetland Permit to construct a two-story, one-family dwelling with attached deck and steps; install drainage system of drywells; and establish a 50' non-disturbance/non-fertilization buffer adjacent to tidal wetland boundary. Located: 435 Bay Home Rd., Southold. SCTM#56-5-22 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 LWRF 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 SouthoM Town Board of Trustees laws and regulations for all ,4ndros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the wetland boundary to the proposed action (two story, one family dwellin.~, is 75 feet; a minimum setback distance of 100 feet to the wetland boundary is required pursuant to Chapter 275-3. Findings; purpose; jurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. § 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, fiat, marsh, swamp, wet meadow, bog, or vernal pool; D. Setbacks. (1) The following minimum setbac~ apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: l OO feet. § 268-5. Review of actions. H. In the event the L~VRP 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 i~ 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. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDER GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees From: Mark Ten% Senior Environmental Planner LWRP Coordinator MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OVIqCE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Date: March 20, 2006 Re: Request for Wetland Permit for ESTATE OF EILEEN O. GOLDNER SCTM#1000-56.-5-22 ESTATE OF EILEEN O. GOLDNER requests an Amendment to Permit #6160 to construct a 12'X 25' deck and (2) sets of 6'X 9' steps no less than 75' from the wetlands. Located: 435 Bay Home Rd., Southold. SCTM#56-5-22 The proposed action has been reviewed to Chapter 95, 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 generally CONSISTENT with the Policy S~tandards and therefore is CONSISTENT with the LWRP provided that the following standard best management practices are implemented. Depth to groundwater is extremely shallow (4'). To further Policies 5, 6 and 8 and protect surface and ground water quality to the greatest extent possible it is requested that the Board require the following best management practices. Prohibit the use of lumber treated with chromated copper arsenate (also known as "CCA"), commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives in the construction of the deck and stairs. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. ~PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS ~A~RTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: July 15, 2005 Re: Request for Permit for Goldner, George SCTM#1000-56-5-22 The proposed action involves the construction of a two-story, one family dwelling with attached outdoor shower, install a pervious driveway, drywells and roof leaders and concrete retaining wall for proposed sanitary system. Test hole indicates that groundwater is 4' from grade. The parcel is located on Budd' Pond. The subject parcel is expected to be served by public water. Construction best management practices proposed by the applicant include: 1. The establishment.of a 50' non-disturbed/non -fertilization buffer adjacent to the wetland system. A 100' jurisdictional buffer from the wetlands systems to the south and southwest. 2. Prior to construction, the establishment of a hay bale line and silt fence 50' from the wetland boundary. 3. The installation ora pervious driveway and roof leaders and 4 drywells 4. An elevated septic system with retaining wall. The proposed action has been reviewed to Chapter 95, 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 04 the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following standard best management practices are implemented. Additionally it is recommended that the Board of Trustees apply the following best management practices for landscaping, lawn establishment and maintenance of the lawn post construction to further protect the water quality of wetland systems and the aquifer: 1. Limit turf area and preserve existing native landscapes and natural ground covers. 2. Require native plants for landscaping. 3. Require disease-resistant and drought-tolerant plants. 4. Minimize lawn areas, replacing turf with native trees and understory. 5. Use integrated pest management (I?M) techniques, including beneficial insects. 6. Use appropriate grass varieties (e.g., sun tolerant vs. shade tolerant). 7. Take steps to improve soil structure (annual or periodic soil aeration, additions of organic matter, etc.). 8. Leave grass clippings on the lawn as mulch. 9. Cut lawn no shorter than 3" to encourage deep roots. 10. Do not ovenvater lawns (excess irrigation causes soil nutrients to be lost). Additionally, where fertilization is proposed: 1. Apply a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. 2. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. 3. Choose organic fertilizers, whereby all nitrogen in the mixture is non-synthetic. 4. Keep equipment properly calibrated to avoid over-application. 5. Do not apply fertilizers and pesticides within 100 feet of surface waters and wetlands. 6. Apply product only during growing season (typically mid-March through mid- October). 7. Do not apply fertilizers when it is raining, or when rain is likely to occur within 24 hours Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. Conservation Advisory Council Heather Tetrault, Environmental Analyst ' Town'of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits* including Town 0fS0uth01d agencies, shalle0mpletethisCCAF for pro po sed actions th at are subject to the T ow n of S 0uthold W aterfr0nt C 0nsistency R eview L aw. T his assessmentisintendedt0supplement0therinf0rmationusedbyaT0wn0fS0uth01dagencyin m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e 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 Toy, m). If any question in Section C on this form is answered "y. es" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review l.aw. Thus~ each answer must be explained in detaiL listing both supporting and non- suD~ortlm, facts. If an action cannot be certified as gonsistent with the L.'~l~i:~l~lrt~rl~_~ and conditions, it shall not be undertaken. ~ f~x ~c.~ [..~X,_L-D,°' '~~ A copy of the L WRP is available in the following place~t~--~keTow~ ~d's website (southoldtown.nonhfork.net), the Board of Trustees Off, e, t~~~ ~ local x % ~ K) libraries and the Town Clerk's office. ~ ~ ) ~ ,, ~ SCTMg 56 - 5 22 ~0 X~ ~ ~ The policatio has eensT mittea eck ropriateresp se): V Town Board ~ PlannlngBoard~ B~lldlngDept. Board of Tr~s~~~- Catego, of Tom of Southold agency action (checkappropriate respo~ ~ ' (a) Action unde~aken directly by Town agency (e.g. ca~~ ~ t~ construction, planning activity agency regulati~~aetion) ~/~ ~- (b) Financial assistance (e.g. grant, loan,~i~~ '__' X ~ ~ ~ ~t, Naturea~exte:e~tc't:r°val'license'ceW~~¢~ ~ ~~~ CONSTRUCT A TWO-STORY, ONE-FAMILY DWELLING WITH ATTACHED DECK & STEPS L~ED PARTIALLY WITHIN 100-FOOT JURISDICTIONAL AREA; INSTALL DRAINAGE SYSTEM OF DRYWELLS; AND ESTABLISH A 50-FOOT NON-DISTURBANCE/NON-FERTILIZATION BUFFER ADJACENT TO TIDAL WETLANDS BOUNDARY, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY NATHAN TAFT CORWIN III, LAND SURVEYOR, LAST DATED APRIL 9, 2009. DETERMINATION OF NON-JURISDICTION REQUESTED FOR INSTALLATION OF SANITARY SYSTEM WITH RETAINING WALL AND FILL, PERVIOUS DRIVEWAY, AND PUBLIC WATER SERVICE, WHICH WILL BE LOCATED MORE THAN 100' FROM TIDAL WETLANDS AND THEREFORE BEYOND CHAPTER 275 JURISDICTION. Location of action: 435 BAY HOME ROAD, SOUTHOLD Site acreage: 0.318 ACRES Present land use: VACANT-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: ESTATE OF E1LEEN O. GOLDNER (b) Mailing address: c/o CAROLINE FORD & ESTATE OF GEORGE GOLDNER, EXECUTORS 3632 MEMBERS CLUB BLVD. C/O ROBERT F. HARPER, ESQ. SOUTHPORT, NC 28461 55 HILTON AVENUE GARDEN CITY, NY 11530 (c) Telephone number: Area Code 910-253-3497 516-248-1441 (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 III - Policies; Page 2 for evaluation criteria. [~Yes [-~ No ~] Not Applicable THE PROPOSED DEVELOPMENT IS SITUATED IN A EXISTING DEVELOPED, WATERFRONT HAMLET COMMUNITY AND WILL BE CONSISTENT WITH THE CHARACTER THEREOF. 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 TO THE EXTENT THAT THIS POLICY IS APPLICABLE TO THE PROPOSED PROJECT, VISUAL QUALITY AND SCENIC RESOURCES WILL BE PROTECTED AT THE SITE BY WAY OF THE ESTABLISHMENT OF A 50-FOOT BUFFER AREA ADJACENT TO THE WETLANDS BUFFER AREA THAT W1LL LIMIT CLEARING OF THE SITE AND THEREFORE PRESERVE EX1STING INDIGENOUS VEGETATION THAT MIGHT OTHERWISE BE CLEARED. 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 Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes V-'] No ~ Not Applicable ADJACENT TO TIDAL WETLANDS, WHICH WILL a) REDUCE NITROGEN AND OTHER CONTAMINANT LOADS ENTERING THE ADJACENT WATERWAY AND THEREBY LIMIT A MAJOR SOURCE OF WATER QUALITY IMPAIRMENT; b) RETAIN INDIGENOUS VEGETATION; AND c) MAINTAIN A STABILIZED SOIL AND FILTERING CAPACITY ADJACENT TO WETLANDS AND SURFACE WATERS; 2) THE INSTALLATION OF A SCDHS APPROVED SANITARY SYSTEM RAISED A SUFFICIENT DISTANCE ABOVE GROUNDWATER, WHICH WILL ENSURE EFFECTIVE TREATMENT OF SANITARY SEWAGE; AND 3) INSTALLATION OF A DRAINAGE SYSTEM, WHICH WILL CONTROL, MANAGE AND RECHARGE STORMWATER RUNOFF. 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 '~HE ESTABLISHMENT OF A PERMANENT WETLANDS BUFFER AREA WILL SERVE TO PROTECT ECOLOGICAL QUALITY THROUGH THF~ RETENTION AND MAINTENANCE OF INDIGENOUS PLANTS AND THEIR ASSOCIATED NATURAL ECOLOGICAL COMMUNITY. POTENTIAL IMPACTS ON ECOLOGICAL QUALITY DUE TO DEVELOPMENT WILL BE REDUCED AND MITIGATED IN THE SHORT TERM BY ERECTION OF A PROJECT-LIMITING FENCE AND HAYBALES DURING CONSTRUCTION AND IN THE LONG TERM THROUGH ESTABLISHMENT OF A WETLANDS BUFFER; INSTALLATION OF A PROPER SANITARY SYSTEM LOCATED OUTSIDE WETLANDS JURISDICTION; INSTALLATION OF A DRAINAGE SYSTEM TO RECHARGE RUNOFF; AND USE OF PERVIOUS DRIVEWAY MATERIALS. FURTHER, THERE WILL BE NO NET LOSS OF WETLANDS; THE STATUTORY AND REGULATORY REQUIREMENTS OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION WILL BE COMPLIED WITH (SEE NYSDEC TWP #1-4738-03482/00001); AND THE REQUIREMENTS OF THE SOUTHOLD TRUSTEES WILL BE COMPLIED WITH TO THE MAXIMUM EXTENT PRACTICABLE (I.E., 75 VERSUS 100-FOOT WETLANDS SETBACK) GIVEN LOT SIZE AND CONFIGURATION. 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 Southoid 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 ~ NoR Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Polic'y 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable Ioca. tions..See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [-'] Yes ~] No [~ Not Applicable 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 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 E. HERRMANN TITLEcoASTALMGMTSPECIALIST DATE 4/23/09 Amended on 8/1/05 L=59.76' Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 .,% AND/OR EASEMENTS OF' RECORD, IF ANy, NOT SHO~ ~t~E NOT GUAR&NTE[D. NOTES.* ~ DWELLING 82'51 '20" LOT (VACAST) / / SURVEY OF LOT 20 MAP OF SUBDIVISION WILLOW POINT FILE No. 4652 FILED JUNE 16, 1966 THE ADJACENT AR~A ~OTAL LOT AREA MINUS THE WETLAND AREA) = %$,610 sq. ft. THE PROPOSED LOT COV£RAGE OVER TH/ ADJACENT AREA = 1,980 sq. fi. DE 14.§~ OF ADJACENT AREA. CERTIFIED TO' CAROLINE FORD ESTATE OF GEORGE GOLDNER SITUATED AT ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-56-05-22 SCALE 1"=50' MARCH $0, 2005 FEBRUARY 23, 2005 ADDED PLOT P~N MAY 17, 2005 UPDATE FOR BULKH~D JANUARY 30, 2006 ADDED PROPOSED DECK APRIL 9, 2009 UPDATE SURV~ & NTH PROPOSED STRUCTURES AREA = 15,854.65 sq. ft. /m ~£ UNE) 0.318 aC* PROPOSED CONC. RETAINING WALL DETAIL (NOT TO SC~) TEST HOLE DATA HOUSE ELEV~ PROPOSED SEPTIC SYSTEM DETAIL (NOT TO SCAJ~) FINISHED GRADE /~ ~RNISH GRAO£ / ~ M~N 4"D~. I L~ J I~ ~i'5~6" SEPTIC TANK (1) LEACHING POOLS (5)