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HomeMy WebLinkAbout1000-37.-4-2OFFICE 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: April 14, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for JOHN & KATHLEEN BERKERY SCTM#37-4-2 Mark Schwartz, AIA on behalf of JOHN & KATHLEEN BERKERY requests a Wetland Permit to remove the existing sunroom, create a porch area on the south side, add an entry roof on the east side and an outside shower on the West side, interior alterations, new windows, doors, siding and roofing. Located: 250 Bayview Dr., East Marion. SCTM#37-4-2 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 EXEMPT pursuant to § 268-3. § 268-3. Definitions. MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substahtial changes in an existing structure or facility. B.. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit. The following Best Management Practice (BMP) is recommended: 1) Expand upon the existing non-turf buffer to include a 20' non-turf vegetative buffer landward of the bulkhead. The separation distance from the proposed actions to the bulkhead is approximately 25 feet; a minimum separation distance of 75 feet is required pursuant to § 280-116. Building setback requirements adiacent to water bodies and wetlands. Therefore, the proposed action may require a variance from the ZBA pursuant to § 268-5. Review of actions. § 280-116. Building setback requirements adjacent to water bodies and wetlands. Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: ~ll buildings or structures located on lots ttpon which a bttlkhead, concrete wall, riprap or similar structure exists and which are a~(jacent to tidal water bodies other than soun~t~ shall be set back not less than 75 feetJ~om the bulkhead § 268-5. Review of actions. F~ Upon recommendation 74['L t4zRP Coordinator; the designated agentT shall consider whether the proposed action is consistent with the LWRP polick' standard¥ summarized in ~{' 268-1 herein~ Prior to making its determination (~ consistent% the designated agenc;v shall consider the co~*sistency recommendation of the LWRP Coordinator. The agentT shall render a written determination (?f consistency based on the ~MF, the L ~'RP Coordinator recommendation and such other infi)rmation as is deemed necessary to its d~termination. No approval or decision shall be rendered fi)r an action in the coastal area without a determination qf' consistentT. The desig~ated agentT will make the final determh~ation q/' consistent% The Zoning Board of Appeat~ is the designated agencF for the determination of consistenc~' [br variance applications subject to this chapter. The Zoning Board of Appeals shall consider the written conMstencl: recommendation of the LI4/RP Coordinator in the event and at the t#ne it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activitF consistent with the objectives of this chapter. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold · 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 action~ 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). 3. lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent m the maximum extent practicable.wilh the LWP3P policy standards and conditions. If an action cannot be certified as cgn~sis~.n~l~_._~ ~po~c~ standards and conditions, it shall not be undertaken, a~ D }l,-x ~ i ~ D A copy of the LWRP is available in the following places. !~[~(n,l~, at th/~ .~a_. ~ lthol.d s ~~, -~, / ']1~ website (southoldtown.nortlffork.ne0, the Board of Tnl&tecs2Q~4he platina, nE xL/epa~[ne_n~ all.. local libraries and the Town Clerk's office. '~.-N['~,_ c'~/"x~ ~¢/['~-)~'"\ The Application has been submitted to (check appropriate resp~se)."~ ' ' ~(2'~ -- kJ~(x(L '~ ,~ Town Board ~ Planning Dept. [-~ Building Dept. [] Board of~-~'stees .~.~ h ~-~""~ ~ 1. Category of Town of Southold agency action (check appropria~[e respoll~)? ~ . (a) Action undertaken directly by Town agency,.(e~-': ',~--.3, ~ _. ' I_L_I x~ construction planning activity, agenc~ reg~.,n:lg~ transitions/ [~ ..~/; hcense cemficatlon ] / u Nature (c) extPerm't'appr°val'and entofaCti°n: ' '~..~,,t.. ~ .,.~ :>::~.~'~ ..._ .~.~ ~ R~_mov~ existinq Sun Room. create Dorc. h~,~~ver deck on south side, add an Entry roof on the east side and an outside shower and roofing. Locationofacticm: 250 Bayview Avenue East Marion $iteacreag¢: ,2 acres (8676.4 sf) Present land use: sinqle family residential Present zoning classification: R 4 0 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: (b) Mailing address: Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 (c) Telephone number: Area Code ( ) 6 3 1 - 7 3 4 - 418 5 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No[--~] Ifyes, whieh state or fedemlagency? 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 m - Policies; Page 2 for evaluation criteria. [] Yes [] No ~ (Not Applicable - please explain) This project entails additions and alterations to an existinq dwellinq on a previously d~ve]oped site in a heavily developed neighborhood_ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) The subject property does not contain nor affect historic or archeological resources of the Town. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) TO the extent the policy is applicable, the visual quality and scenic resources will be protected throu_~h protection and maintenance of the well veqetated emhankm~nt~ b~ffer~n_~ the developed portion of the sSte from Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimi,e loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) The project does not address nor affect erosion control structures or other Attach additional sheets if n~c. essaty Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria Yes No [] Applicable- please explaiu) This Project protects and improves water quality with the installation of a drainaqe system od drywells to control, manaqe and recharqe stormwater runoff and the existing veqetation on the embankment will be nreserved and protected durin_~ construction by a project-limitinq fence and staked hay b.nles. Attach additional sheets if nec.,essary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife I-Iabituts and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [-~ No [] (Not Applicable - please explain) This project w~ll protect and restore for the same reasons as Policy 5. A~tach additional sheets ifnecessar5 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section Ili - Policies Pages; 34 through 38 for evaluation criteria. [] Yes ~ No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. MinimiTe environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~] No [] (Not Applicable - please explain) 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 [] (Not Applicable - please explain) Attach additional WORKING COAST POLICIES Policy 10. Protect Squthold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. ~See LWRP Section III- Policies: Pages 47 through 56 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes [] No [] Not Applicable - please explain Attach additional sheets if neeessaty Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section II1 - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No ~ Not Applicable - please explain Attach additional sheets if nee~ssary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaloation criteria. ~ Yes [-~ No [] Not Applicable - please explain Prepared 01/19/09 Mar~ ~artz, AIA - Architect STORMWATER MANAGEMENT REOUIREMENTS ~~XX' ] '~ ~ ~ ~ ~,~ ....... , ,', ~ ~ ~. , ~y P~ ST~W BALE DIKE D~AILS SILT FENCE D~AILS ................. ~-~ r ' DWE ~ SITEP A "