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HomeMy WebLinkAbout1000-22.-3-18.20 OvFICE LOCATION: Town Hall 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 MEMORANDUM To: James King. President / Town of Southold Board of Trustees ~ ] 3 2007 From: MarkTerry, Principal Planner LWRP Coordinator , , Date: March 13, 2007 Proposed Wetland Permit for GIACOMO CHICCO SCTM#1000-22-3-18.20 Suffolk Environmental Consulting, Inc. on behalf of GIACOMO CHICCO requests a Wetland Permit to construct a single-family dwelling, front porch, rear easterly porch, rear westerly porch, swimming pool, patio, pool house, and driveway. Located: e/s Stoney Beach Rd., East Marion. SCTM#22-3-18.20 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 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. A. Comply with statutory and regulatory requirements of the $outhold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback distance from the house to the freshwater wetland is 94 feet~ a minimom setback distance of 100 feet is required pursuant to Chapter § 275-3. Findings; puroose~ ,iurisdiction[ setbacks. Please require that the applicant amend the application to meet the above policy to the ereatest extent possible As shown of the final plat dated 7/13/04 the Town of Southold Planning Board required a 100' limit of clearing, grading and ground disturbance from the edge of the wetland. The applicant proposes a 75' non-disturbance buffer. The proposed 75' limit is not permitted. In addition, the proposed action is subject to a 1995 Conservation Easement, dated December 29, 1995, f'ded with the Clerk of Suffolk County in Liber D00011756, Page 282; to the 1995 Conservation Easement, dated December 18, 1996, fried with the Clerk of Suffolk County in Liber D00011808, Page 661; the1997 Conservation Easement, dated December 29, 1997, fried with the Clerk of Suffolk County in Liber D00011869, Page 975; and Amendment of the1997 Conservation Easement was filed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663. The complete language of the Conservation Easements can be found in the Planning Board file. Note that "Clearing cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting, and grading shall be subject to the prior written consent of the Grantee and review of the Planning Board..." To further tlie policies of the LWRP it is recommended that if the action is approved the Board require gutters and leaders leading to drywells and a pervious driveway. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Timothy Caufield, Vice President, Peconic Land Trust Melissa Spiro, Land Preservation Coordinator 2;I.638 · omm~s ~C ~ E ........ ~'L-~IUE .... ~ T~ SUFFOL E COUNTY .., ,~6~ . . , I~ ~De Numar CHARLES R. CUDDY, ESQ. 445 GR1FFING AVENUE ~.~r P.O. BOX 1547 RIVERH~D, ~ 11901 ' ' Suffolk County Recordin~ ~ Endorsement Page ~tl$ ~ forms pad of lie allad]ml ~ED © © TH~ DEED OF CONSERVATION EASEML~',f'F, is made on the 30~h of December, 1998 at SouCh~mp~e~, N=w york. The pmie~ ere ~ Development Corp., a New york C.~'poratinn bavina its or, ce at 633 Tied A-,~n~e, l, lew yodq 14Y 100L7 0te~e/n csllnd the 'Grackle. and t~ PECONIC LAND TRU~I'. INCORPORATED. s no~-[or-prollt New Yedc Corporagon, hs~ing it principal o~e at 2S6 Hampima l~ad. p.O. EloX 1776, Sou(bsmpto~ New York WHERIL~. Granto~ ia th~ ovme~ in fee simple of 6-4 aea~s of certain ~sd p~perty lo.ted in tl~ Town o[ Sou~old, Suffolk ~nt~, New York, ang her~mail~ t~n~d to as the "Entire Property; and WHEI~ .E. AS, the Entire Prt, pe~y i~ ~oeated in the l. ow De~.~i~y Rc~identi~! R-S0 Zo~n~ of the Town of ~outhold,wfi;¢h de~ignnt~on, t~ (be e~t~nt po~ible, is ]osa of IHO$¢ ¢ tw'im~ I[y open'13ftds which conht~n prime a~nculmra[ ~o*li a s outlined tn the ~ of Sou(bold ¢o~. $~ho~ I~0r30; and ~remn~' ref¢~cd to .t~dtc "Pmp~'/ which ~lf reduce ~c de~i~ fi~m e~l~'~ !~b~-EUin~y re .;ide-nces to ~ (0), Sa~lb~t the property, shall tcm~n m It~ ope~ tu~pe~ ~ ~:;d~; ~nd ~ it,~s ;b~pol~/of the Town of Southol~, as s~cubm:d in the ~'s:Master plan of 1973. amen~,, ~n 19g&~l~89a~-adopted by the Town I~ of d~c TOV~t It~/, ~o pro~ect ~taHy ~cnsitivc at'=~, to prot=ct th= sce~c, ope~ sl~c= ~ of (be Tov~n ~[~0'pm~t ~he ~own's ~sott and agdeultoral e=onom~ md V.~-AS. ~ ~ tins aMx~ximstely 271 ~eet or' ~nta~e on L~S [dsnd ~td tEet provides I~ public ~ si~icant eccnh: ~stns oiwoodland, wethnds and s~ ~. ~ To~ or~u~d h~ p~ a ~luti~ at a ~1~ ~d WI~, this ~tion cas~ment will protect additional am'cage bt an ar=~ already det~,..;,ed to he wot,(by of publlc and private conse~en efforts; and IR~IER.EAS, ~ ProI~'ty inits present scenic, npen and weodllmd ~dition has substantial and si~niflcnnt'val~e as sn ae. ithegc, beachfront, nn.d wndnnd r,..sout~e by rcaso~ of (be/act ttmt it bas not b~e~ ~bject t~ any cx ~ivc devdopm=at; and WHerEAS, C~antor nn~l Orn~tc~ r~.ogni~ t~ wluc end spec~l char~te~ of t~c rcgion ~n which Ihe ~ropcr~ ~s Im:ated~ and Gr~nUx a~l Grantee I~ve. in common, t~ purpose end ol~ective of' ~t~ct]ng ~nd co~.s~v~ng the l~esent staf~ and i~flerCnt, tan~ble and intangible valuea of'the Propefl~ es an aesthetic, n=t~al, ~nd scenic ~source; and WHEREAS. Grantee. Juts determinet it to be desirable and bene~isl and has requestet Grimier, for itself and its la~cSS~s a~l assigns, to grant it Consm~atioo Eaaement to Grantee ~ o~der ~0 ~ the Further development of thi~ Pte~-ty while permitting co~1~pah'ble uses tl~tce ~ © 0 Ga'antra' wnrr~nt~ an~re.p~scnts to tl~ Grantee that C~'anmr i~ the owner off h% Property descr/bcd in SCHEDUL*E A, free ~1' any mertgages or liens and possesses ~e ri~t ~o ~ant thL~ easement. 0.o~ ~ TI~ pertics ~og~i~e thc env/mmnenl~ s~e~]i~ ol~-n q~ace, ~etlnnd, ~ad woodland wlues or,he Propet;ty and have thc cwnmon ptnl~ose o f preach, lan/ises~ ~alue~. This De~l/s inteeded to convey a Co~., 'on Easemzmt on ~ Property by/~,a,,tm' to Grantee, exclus/vely fee the Faqaose o f pm. se~4ng gse or d~%'~l?pmcnt of lite Property fix- any purpose ~ in any manner conira;y to ~ ixovi~iena hcrco/~ in fml~ of federal, N'cW York.~tat= and local corlsct'eat/mt policies. Oranlee ~.~ to ~e quality and chtracte~.~ics Of Ol~= Ir, u/~bat d~ookl be protected and mamtahed as open land. ' bt ceetsiderat/on o~' ~e pre~ously recited facL% mutual lxemise~ mderta~n~s and ~ co~=d in Ih/s Easement. the part/cs tt~te~ upon ils ptov/sion;, intcncling to be b~tmd by iL © 0 ~ Deed conveys ~t Ca~er~tio~ Ea~.~,ont 0~;" galled tl~ "Easement"). This ~*~-mem shaIl gonsi~t of~¢ ~ove~nnls, resections, tig~s. ~rms. and c~dttions r~t~d in this ~ Ref~ten~ m ~"gamneat" o~ it~ ~ptov~iem" in th~ ~ shall include ~y and si! of those cavamm~ ms~i~liaas, 'This Euement shall Ig g la~l~n upon and run with the ~ in pea3setuiiy. ~R I~-~by volung~ily grang, mle~es and ~onve~ tn Grnnt~, u in absolu~ gi~ thLs E~sgrncflk in perpetuity, tog~her with nil r~ghts tn e~orc= iL Cwanteo h~m:~ ~ this Easement in and possesso~ of ~id Prope~y. From and a~'r ~e da~ of this E.~ement. t~ follOWing nc~ uses and pracfic~ slutll be ' prohibited forewr upon or within Ihe ~. unreasonably withl~¢ld if the activity dnes not del=at or derognte ~ Ihe purpo~s of this E~tsemenL ~ subdivision m' pm'titioning o~' the Propet~y slmll be pmh~ited withou~ t~ prior v, rittg~ cons~.n t of Grant,e, which sllnl] ~e gran~d if that subdivisiun m' partitio~ doe~ not defeat ~r d~og~tt~ from th~ puq~-es or' this Easem~t. © A. Allow'able N'on-Reside~l~nl lmptro~ments and $~uctur~. (0 Trails, to provfde are permitted wilh t~ ~n%r w~tten consent of Grantee and any' r=gulatoz7 zpp~als whivh may be (:i) B. Repl a~c~e~t of b~m,~e~t; and $1tur, ou*e~ ~n-K~d In ~e cv~tof.damage reaull~g ~om r, astmlty to an extent w~ch rcpde~ mpaiF or' any ex~-fing a"ma~ane Lm~ract~caL e~c~on ofa mucm~ o f com,mu~ble sin=, bulk, u~ and ~a~=ral dF. sign to th~ &~nag~l ~a'uctu~e .ehall be permitted within tfiv ~ g~n~ral k)c~tlon aubject to ~e review and w~t~n ipprovnl of Gr~tee. C. Env~mnme~lal .Se~it~Jty Du~ng Con~l~ct~on. The use and k~cafion of any impn~emc~t an~ seuctum permitted bemu~pkr shall be consistent ~t~ the oansen~dof~ pmpo,ses inte~de~ herein, end consb-urAion of any ~uch improvement or skurdun: shall minimtze di~lJrbances to the ~v~onmenL Grantor shall employ 4.06 Grantor shall nobly Grantee, in w~g. be foce tarns any ac~io~ or bet'ere e~tcising any ri:served right with n:spect ~o b~e Pioneer which ceuld adve~ely aff'e=t the =tv~r~n~atal. s~'~ic, and © © Grantor shah Imv~,the right to conwy all or any part of i~s ~main|ng interest ~ tl~ Propet~ o~[y subject to ~ F. asgmer~ ~ shall promptly' noti~ Grantee ofa~y convgysm-e of anyin~t the Pr t~:tty, including ~e~ll n~me and ma~ing addrgss o f any Grantee, ~d the individual ~. unde~ any s~-b'celWey~tr~e_ Tig instrument of any stroh cem~yan~e shall spegifr, ally set t~t ~ interest then:by ~ i~ mbjeet to this Eas e.n~a rg wi~m~ modifi~atiott oc ame~Inent of the ~:rms of this Easement, ami ~tll mcoq~-ate this Easement by refenmee~ spec/,qcally seuh~g for ~ ~ o~-%l~er ~1 ~ of~V: m~ he~'eof. The failt~eof an~ sudi ime-,nae~t.to comply ~ the Pm~smn~ ]a~eof~l! rto~ a[~cct Grant~'s ~t~ hot. undO. Grantor shall ~(inu¢ m imy all ~ea. levies, and asses~e~s and o~ g~cn~ ~ pa~H ~ ~11 ~ ~ oblig~ ~ ~ ~) ~n ~ ~ ~m ~ ~ ~ ~, ~o~g ~ ~i~ o~ ~ ~ ~ o~in~t ~ ~ m t~ ~ by ~ N~ G-nm~or ahall indemnify and hold Grantee hannle~ t'er any I~ability, co, ts, attomey~', fees, judgm~n~ts or expenaes to Grantee or any o~'ils o flicets, employee~, agealt~ or L~ conlracto~ arising fi'om rig physical maintgnanc= or condition of ~e Propeffd or ~ any la.xes, Icvin~ ar assessments upon it ar msalt~g flora ~s Easemmt, ~ of which shall be oomide~d Grantm's obligetin~ Cn-an~' shell indemnify and hold Or~q~ bermle~ for any liabilily, C~an~-~ shall have the righ~ m taler upon the Pmpc~y ~ ~asormble times, u~o~ ~le ~ notice to GranlOr, ~nd in a manonr that will not inteffe~: with Oma toe's quiet use nnd enjoyment of the Pmgetty, for tl~ purpose of inspection to detei, mine wheth~ this ~asmm~t and its purpo~s and prov~imll me being up~Ic~ Gra n~-e shall n~ haw Ihe d~t to ~t~ upoa the l~pe.r ty for any othe~ purpoae, emi-pt as pto~qded in ~gr. finn 6.03. nor to permit ~ upon the property by the puhlin 6.02 Regtora [inn © © ~ul~ng ~ ~h ~ ~t ~ h~. ~ ~ ~diti~ ~. ~n~ not ~. l~ih~on ~ ~ G~ ~ ~j~ (3~) days ~ ~fby O~ (w~ ~ ~i~t ~ ~ly O~ T~ ~ ~R ~ ~ md ~ ~le e~ ~ ~ c~ ~ ~ ~ ~ ~ ~ult ~ ~ol~ to To s~ ~ ~ ~ o~ le~l ~or ~ble ~li~or ~ ~ ~ ~ obli~ ~ ~ ~ ~,~i~ ~r, =l=t~o m ~ct ~-O~ ~II not ~ d~ fight ~ ~le.~ ~ ~u~'s P~ ~ ~ ~ ~ ~ ~lt, er S~i~ 6,03, ~ ~H ~y, ~d~ ~y orby ~t wi~ ~y ~ u~.~ S~ Gmutec's exen:isc of on~ ~-mcdy er relief under this AKTICLE $1X droll not bye ~ e~t of ~dy ~11 ~t ~ve ~ c~ of ~MK ~ Iimi~ng ~e ~e o f ~y ~ ~ ~ ~ief~ ~ ~e of G~ntee shall have thc d~ht to usign ony and all of its fighls and respomibili~ies undec ibis Ea~me~t, and any and all of its fights, title and iatm~t in and to this EaSongut Om'y tO a qtral~fied otpni~fio~ (bt~n caged ~ ~s~gnee"). ~ ~d ber~n: ~h= term "qmlificd o~m~ation" me~ a not- for-Mo§t co~oration, or ~ govmnnenlsl unit or aScn~, wbicb is qualified m rece~vc such inte~sts pursuant to ArCtic 49 of :he New Yodc Env~rorancnlsl Consen~ho~ Law, and Ls a qualified orgon~zalion within th~ meaning of Section 170(h)(3) o[the cod=, which is organized o~ operated primarily ac mbsthntially for onc of the c~, vilion ptuposes specified in Section 170(hX4XA) of the code. Any a~i~nment by Omnlse or a suGc~sor Gtlnle~ must reqmre d~ Assignee or Asslgnee's s4w. ce~ to earcy out the ir. JOoses of this Easement. 11~e Assignee and its ~c~essor~ and as~i~ sfadl have the ~tme fight of asslkmme~ subj~-t to emnpllnnce wi:h th~ prov~ions of thiz 8e~lion 6.05. [fat any time Ora~= of any As~Jgnae is unable th an.Force t~is Easement, or if ~ or any A~ignee eeose.~ to exist or ce~e~ to be a qualified organiznlion under LILC. Section 170(hX3), then this l==~-ment shall be ve~l in s~h qunlilled corpo~fion, body e~- agency as defined and upon tim conditions contained in S*~imz 6.05 as the Grantee shall deM~nale. If; on the m of any of :hcac cvcnts, Grantee ac any successor or assignee fails to assign ell at' ils tights nnd teq~mm'bililie$ undcr Easement and zll of its fights, lille and intcv"~t in and to this Easement to a qualified o~ganiz~on, t~cn :h~ fights and t~onst~oiliti~ under :his Es.~.ment shall become x~:sted in thc Town of Sou:hold or if ~ch Town will not accept fids F.~ement, then in another qualified or~anizallon, in nceontancc with a cy pres proceeding brought in any cmn1 of compctem jufiadiction.. · ' © O Ir'ali Or unTp'w~, of.the Prope~y is ~cn un~ o full ~l~o~lb~. m ~ ~, ~nb~t m ~ ~K ~ aH mcid~l ~ ~l d~ . ~bmg ~ ~. All ex~flses re~ombly ~ ~r~ ~t ~ ~ thi 7.01 1~.nfire gJnderstandin~_ Any prioc agreeme.t between the parties cencnnin~ its subject matt= shell be magecl int~ ~ E. ascment and a-uperseded by iL This ~-,~",~ent is trade wi~ the int~mti~-t that it ~all ~al~ ~ a ~fi~ ~t ~ ~ui~ ~da I~C. ~Uon 17~). ~ p~i~ a~e to a~ ~ ~si~ of~ ~t if 'l~is v-..',~ent can be tmninated or modified truly in nccordanc~ with the mnmon and law of the S~nle of New York applicable Io the ~mnlnation and mo~ficat~m of casczne~s and ~ov~nnts nmi.~,~ith the land_ Grnmot nnd Ornnt~e re~o~iz~ t~lt ~nn~mn~l caul& n~ ~Znic h ~ml~ justify the tn~d]~.ntiun of c~z~n ~$1ti~tion,~ ~on~ned in this Eas~ent. To this md, Grun~ee nnd Ch'mm' shall m~tm]l¥ I~aw ~ ~i~ht, in Iheir ~ole dmret~nn, to n~te~ to m~ to Ihi~ Easement thnt a~e inem w~th thc purposes of this Eneerne~t set forth in ~e [nboduc~on hereo~ provide, d, howcver. that ~ sbell lmve no gght ~- power ~ agt~c to any amc~,~ds hacto that mid ~ in ~s Eas~nnent failing to qualify as a valid Consmtatitm E~scrncnt under A~cle 49, Title 3 ofthe Envlmammtal Co~.se~ation I~w of the Statc of New York, ns the same may be he~ea fief nmunded, any rzgulat~on issued pursuant thtwc~, or Scctio~ I ?0(h) of I]~ Code governing "c[ualific~ ~tserv'a~on t:ontributions". Easement that is ~tcnnined t~ b~ invalid o~ unenfo~caSle by a court shall Inovisio~e, which shall remain ~nforccable and effcctlvc. ,~11 notices t~quircd by this ~asemcnt must be ~ No~ ~ ~ mil, ~ ~eig ~, ~ ~ ~ff~ mil ~ ~t ~d ~e a ~ch o~ ~ ~ ~ may ~[~e by ~fi~ ~ ~ ~ ~ ~i~ 7~4. ~I~ d~ ~ I~ ~ ~ of~ ~ ~= of ~ ~ shaft ~ apply · ~ ~ al ~d~ ~ ~. ~ ~ in~d ~t ~is ~ which No~in~g contained ~ lifts Easc~nent ~r~, nor shnll be int~-.;.ed lo ~nmt, ~o t]~ public any fight to enter upon tl~ Propcsly. The warranties a~qd rcls'escnlalirm made by thc patties in Itus £as~m~t slxall m its Gtant~ shall record this Easemm~t in the land r~ords of the officc of the Clerk of the County of Suffolk, Stat~ of New Yak. Thc headings, titlu and sul~tlcs h~r~in have b~an i~grt~l solely for ~oRveaieat refm-~e, and shall 5~ i~noi'ed in its constmcti~. © O IN WITNESS WHEREOF,~Graator has executed and delivem:l and ~ran~ee I~s accepted and received ACK'TOW'LED(3 ED AND ACCI~rFED: HFRE D~'ELOPM]~ITCORP. BY: ~C~ade~ AC'K3qOWLED~ AND ACCI~TED= PECONIC LAND lT, ugr {Ommee) STATE OF NEW yORK ) COUNTY OF SUFFOLK ) O~ I~is ~_~-t~ af December, 1998, besom me pe~onally ~ C[-I~RLES CUDBY, v/no being by me duly .r*orl~ ~aid that h~ rr~ides n~ ~Latt:£tuck New York~ h~lathei~ Ass~.~tnnt Secretar? o£NFREDEVELOPMEHTCOR.P.,thcGrantor menlioeed and de,smibed bi ami ~hich aeknawledged ~ ac~cpled all of ~he ri&hL~ and mapaasibj[ities mm~ei- the fim~gelng inmtrumeflt nnd this Eastum~emt conveyed the~ smd [tmt he signed h~ n~me the~to by amh~ty oflhe laoard of Dim:tu~ of the said Curpora{{o~ ~'!?':"..~;.'~'"~ STA~ OF ~W YO~ ) ~n8 ~ me duly ~, mid ~ ~ ~ at 4~ ~j~ ~ ~ P~i~ o~PE~C ~ ~U~. ~T~, ~e ~ and which ~1~ ~d ~t~ all o~ ~t ~nd ~is ~t c~ ~ and Bo~ ~D~ o~e sa~ ~. SCHEDULE A: Metes and Bounds De~tipiiou of the Pmpe~y l0 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the 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. 2...,_ .~~ring the questions in Section C, the preparer of this form should review the exempt ..... . ........~?~actibnqist, policies and explanations of each policy contained in the Town of Southold Local Wat..e,~.rfgx~t Revitalization Program. A proposed action will be evaluated as to its significant be:~-~f'[~iat 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 , ~hievement of the LWRP policy standards and conditions contained in the consistency review law. Ii ~ ~Thus~ the action should be analyzed in more detail and, if necessary, modified prior to making a dete _rlnination that it is consistent to the maximum extent practicable with the LWRP policy standards apd conditions. If an action cannot be certified as consistent with the LWPhP ~li,c2( standardaahd conditions, it shall not be undertake~. '-, · A~CO~, of t~h6'LWRP is available in the following places: online at the ~owjl f~So~th~we~s~te (southoldtown.northfork.net), the Board of Trustees Office, ~ae Plan~ep~f,~l~ocal libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION (-~/' SCTM# o g.,o . The Application has been submitted to (check appropriate response):Xl'~ ~ TownBoard [] PiannlngDept. [] BuildlngDept. I I BoardofTrusteXt~[~_ 1. 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: Applicant proposes to construct a private single family dwelling and related appurtenances within subject property, which will be located within the previously approved building envelope, as per the underlying subdivision approval which created subject property. Attach additional sheets if necessary Location of action: Site acreage: e/s Stoney Beach Road (cul-de-sac); East Marion; Southold~ New York 8.843 acres Present land use: Improved with single-family dwelling and related appurtenances Present zoning classification: 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: TIMOTHY & DEBORAH BEAUMONT (b) Mailing address: 4 Old Wagon Lane; Westbury~ NY 11568 (c) Telephone number: Area Code ( 631 ) 537 - 5160 (d) Application number, if any: N/A 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? 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 As indicated within Policy 1, "Developmer~t that does not rebfforce the traditional land use pattern of the Town qf Southold wouM result in a loss of the communi(y and landscape character of Southold.", this is a proposal to construct a single~family dwelling and related appurtenances within a lot created from a Town of Southold approved subdivision. The proposal, as designed, will not result in any adverse impact to the surrounding environment in that the project is significantly set back from both Long Island Sound to the north, and from the freshwater ~vetlands fringe to the south/southeast. As the lot was created from a Town of Southold approved subdivision, this proposal will fully comply with this Town policy. 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 Policy ~2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the proposed structures will not be visible fi'om the main access into the subdivision, and therefore will not impair the current visual and scenic qualities already available. Again, as indicated within Policy 1~ as the lot was created from a Town of Southold approved subdivision, this proposal will fully comply with this Town policy. Ultimately, this policy could not preclude the legal creation of this property as a building lot. 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 The proposed improvements situated within subject property are set back a minimum of e00' from the shoreline of Long Island Sound, and as indicated within Policy 1 and ~2, as the lot was created from a Town of Southold approved subdivision, this proposal will fully comply with this Town policy. Ultimately, this policy could not preclude the legal creation of this property as a building lot. 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 [] No [] Not Applicable As indicated within the previous Policy responses, as the lot was created from a Town of Southold approved subdivision, this proposal will fully comply xvith this Town policy. Ultimately, this policy could not preclude the legal creation of this property as a building lot. 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 As indicated within the previous Policy responses, as the lot was created from a Town of Southold approved subdivision, this proposal will fully comply with this Town policy. Ultimately, this policy could not preclude the legal creation of this property as a building lot. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal is to construct a single family d~velling within subject property which will not result in any form of adverse effects to air quality. Accordingly, this proposal is not applicable with this policy. 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 Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary 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 II1 - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that the proposal will not impede any access to the surface xvaters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applieable Subject proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, etc...). 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 Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). 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 Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farnfland, the establishment and/or maintenance of new coastal agricultnral production, etc...) 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 Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND APR 1 8 2007 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 $outhold, 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 MEMORANDUM ro~ From: James King. President Town of Southold Board of Trustees Mark Terry, Principal Planner ~ LWRP Coordinator Date: April 17, 2007 Re~ Proposed Wetland Permit for GIACOMO CHICCO SCTM# 1000-22-3-18.20 The applicant has submitted a survey to the Planning Department dated as last revised, April 16, 2007. The survey clarifies the limits of clearing, grading and ground disturbance for the proposed action. The proposed setbacks shown on the survey comply with the 100 foot limit of clearing, grading and ground disturbance setback shown on the filed Cove Beach Estates Final Plat dated July 13, 2004. Cc: Patricia Firmegan, Town Attorney Timothy Caufield, Vice President, Peconic Land Trust Melissa Spiro, Land Preservation Coordinator OFFICE LOCATION: Town Hall 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 MEMORANDUM To: James King. President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator 1 3 200? Date: March 13, 2007 Proposed Wetland Permit for GIACOMO CHICCO / SCTM#1000-22-3-18.20 Suffolk Environmental Consulting, Inc. on bchatf of GIACOMO CHICCO requests a Wetland Permit to construct a single-family dwelling, front porch, rear easterly porch, rear westerly porch, swimming pool, patio, pool house, and driveway. Located: e/s Stoney Beach Rd., East Marion. SCTM#22-3-18.20 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 my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. r 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 Trustee~ laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback distance from the house to the freshwater wetland is 94 feet; a minimum setback distance of 100 feet is required pursuant to Chapter § 275-3. Findings~ purpose; iurisdictionl setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent possible As shown of the final plat dated 7/13/04 the Town of Southold Planning Board required a 100' limit of clearing, grading and ground disturbance from the edge of the wetland. The applicant proposes a 75' non-disturbance buffer. The proposed 75' limit is not permitted. In addition, the proposed action is subject to a 1995 Conservation Easement, dated December 29, 1995, f'ded with the Clerk of Suffolk County in Liber D00011756, Page 282; to the 1995 Conservation Easement, dated December 18, 1996, filed with the Clerk of Suffolk County in Liber D00011808, Page 661; the1997 Conservation Easement, dated December 29, 1997, ~ed with the Clerk of Suffolk County in Liber D00011869, Page 975; and Amendment of the1997 Conservation Easement was ~ed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663. The complete language of the Conservation Easements can be found in the Planning Board file. Note that "Clearing cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting, and grading shah be subject to the prior written consent of the Grantee and review of the Planning Board..." To further the policies of the LWRP it is recommended that if the action is approved the Board require gutters and leaders leading to drywells and a pervious driveway. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Timothy Caufield, Vice President, Pe~onic Land Trust Melissa Spiro, Land Preservation Coordinator APRIL 16, SURVEY OF LOT 10 MAP OF COVE BEACH ESTATES FILE No. 11131 FILED JULY 13, 2004 SITUA T£ EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-22-03-18.20 SCALE 1"=50' FEBRUARY 17, 2005 MARCH 4, 2005 ADDED ARCHITECT'S SITE PLAN APRIL 26, 2005 UPDATE SURVEY & REVISED SITE PLAN FEBRUARY 2, 2007 ADDED 7S' NON-DISTURBANCE BUFFER 2007 REVISED ADDED WETLAND LINE FROM FILED MAP REMOVED HAY BALES OCTOBER 9, 2008 UPDATE SURVEY AND ADDED PROPOSED HOUSE JANUARY 29, 2009 REVISED SITE PLAN FEBRUARY 25, 2009 ADDED DRYWELLS TOTAL LOT AREA 385,208 sq, (TO TIE LINES) 8,8z~3 Dc, MAR 1 0 2009 H $2-A~'45" E % S ?$.25,12,' E LONG ISLAND NOTES I. ELEVATIONS ARE REFERENCED TO N.D,V.D, 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: ....... la -- - 2, FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP Ne, ~8103C0064 O ZONE AL' BASE FLOOD ELEVATIONS DETERMINED ZONE VE COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION), BASE FLOOD ELEVATIONS DETERMINED ZONE X~ AREAS OF 500-YEAR FLOOD; AREAS OF IO0-YEAR FLOOD WITH AVERAOE DEPTH OF LESS TIRAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE, AND AREAS PROTECTED BY LEVEES FROM IO0-YEAR FLOOD, ZONE X AREAS DETERMINED TO BE OUTSIDE 500 YEAR FLOODPLAIN ~, REFER TO FILED MAP FOR TEST HOLE DATA, 4 PROPOSED SEPTIC SYSTEM SHOWN THRU PROPOSED EXPANSION POOL PROPOSED LEACHING POOL (~) PROPOSED 2,000 GALLONS SEPTIO TANK 5, THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. PROPOSED CONC. RETAINING WALL DETAIL HOUSE ELEV. 14.0' PROPOSED SEPTIC SYSTEM DETAIL (NOT TO SCA[F) ~// ri / TOPAPPROvEDEL 11piperT~ TANK FINISHED APPROVEDGRADE ELEV 125'  SEPTIC ~,[~L min PITCH 1/8"/1' 1"'1~5; II mtn PITCH 1/~r'/l' TOP EL - 1' MIN LEACHING SAND POOL COLLAR DISTRIBUTION POOL OF 4 POOL SYSTEMS SEPTIC TANK (1) 1. MINIMUM SEPTIC TANK CAPACITIES FOR 8 BEDROOM HOUSE IS 2000 GALLONS 1TANKi 10' BIA 5' LIQUID DEPTH 2 CONCRETE SRALL BAV~ A MINIMUM COMPRESSIVE STRENGTH OF 5,DOD ps[ AT 2~ DAYS EOT, EL 5.0' GROUND WATER ELEV 2 O' LEACHING POOLS (4) MINIMUM LEACHING SYSTEM FOR ~ BEDROOM HOUSE & POOL HOUSE iS 500 sq ft SIDEWALL ARF~ ~ POOLS, 5' BEEP, 10' L~CHING POOLS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) DRAINAGE SYSTEM CALCUL4TJONS: ROOF AREA: 8,425 sq. fi, 5,42S sq. fL X 0.17 = 1,455 cu. fL 1,455 Gu, ff. / 42.2 - 34 verfi¢~l ff. of 5' dim leeching pool required PROVIDE (9) 8' die. X 4' high STORM DRAIN POOLS PAVED DRIVEWAY AREA: 2,100 sq. ff. 2,100 sq. ft. X 0.17 = ~57 cu. ft. 357 cu. fl. / 42.2 = g vedico] ft of B' dim leoching peel required PROVIDE (2) 8' dfc. X 5' high STORM DRAIN POOLS PAVED TERRACE AREA: 4,900 sq, fL 4,900 sq. fi, X 0,17 = 855 cu, ff. 853 cu. fi, / 42,2 = 20 verDcal fi. of 8' die, leaching poe[ required PROVIDE (4) 8' dim X 5' high STORM DRAIN POOLS PROPOSED 8' OIA, X 4' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: PROPOSED 8' DIA, X 5' DEEP DRYWELLS FOR DRIVEWAY RUN-OFF ARE SHOWN THUS: THUS:%_¢ PROPOSED 8' DIA. X 5' DEEP DRYWELLS FOR TERRACE RUN-OFF ARE SHOWN S 85"12'00" E 81.43' S 86'06'31' E 168.07' ................. ZZZZZZZZZZ 89'40'45" W N 77,95' 85.01' DAM POND (TOWN OF SOUTHOLD) W N 89"44'49" W 66.~0~. A' g65.7 ~ THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED NYS L,c. No 50467 Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (631)727 1727