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Home My WebLink About1000-38.-6-7OFFICE 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 Jim King,' President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: April 22, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland and Coastal Erosion Permit for ISKENDER EREY & ANGELICA BENGOLEA SCTM#38-6-7 Mark Schwartz, AIA on behalf of ISKENDER EREY & ANGELICA BENGOLEA requests a Wetland Permit to construct a first-floor addition on the landward side of the existing dwelling and expand the second-floor within the existing footprint, create deck over the existing sun porch, and install new windows, exterior doors, siding and roofing. Located: 680 South Lane, East Marion. SCTM#38-6-7 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 actions are CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The proposed new construction to the existing dwelling may require a variance from the ZBA pursuant to § 268-5. The separation distance from the existing dwelling to the bulkhead is approximately 16 feet; a minimum separation distance of 75 feet is required pursuant to § 280-116. Building setback requirements adiacent to water bodies and wetlands. § 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: B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75feet from the bull~head. § 268-5. Review of actions. t;[ Upon recommendation q[' L WRP Coordinator, the designaled agenc(~, shall consider whether the proposed action is consistent with the L WRP policy standards sumrnarized in ~' 268-1 herein. Prior to making ils determination t~ consistency, the des~nated agentT shall consider the consistency recommendation q/'the LWRP Coordinator. The agent3, shall ret~der a written determinalion t?f consistency based on the CAF, the L FERP Coordinator recommendation and such other injbrmation as is deemed necessary' to its determination. No approval or decision shall be rendered fi)r an action in the coastal area without a determination c~'consistency. '[he designated agency will make the final determination of consistency~ The Zoning Board of Appeals is the designated agencF [hr the determination o[ consistencF for variance applications subject to this chapter. The Zoning Board of .4ppeals shall consider the written consistencF 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 activi~ 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 INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont 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. Before answering the ~stions in Section C, the preparer of this form should mview\fl~exempt ~. minor action list, po[wcie~and explanations of each policy contained in the Town of Sout~pl~k.Loca! _f-.-~ ~at%rfront Revital~on Program. A proposed acfion~will be ~valuated i~o~its~g~i~t /' xQ? .~'h be~$~`~ici~i~ih~rsee~ectsuponthec~asta~area(whi~hi~udes~)l~\~l~h~h~.~`~w~. '~/~ ~ 3~,Ii~a~-~l~stion in Section C on this form is answered "yes", then the proposed action may affect the -- X,. · ~ ac~Jl~vement of the LWRP policy standards and conditions contained in the consistency review law. //(' ~}x T~the action should be analyzed in more detail and, if necessary, modified prior to making a · ) x(- x ~./~?e,rmination that it is consistent to the maximum extent practjaabte-~with the LWRP policy ~ Nd standards and conditions. If an action cannot be certified as c4)nsistent]with the LWRP policy ('".e~" ~-.~, standards and conditions, it shall not be undertaken. --~ [1.x q~N ,~"/..'" A copy of the LWRP is available in the following places: online at the Town of ~u~ho.1O's ~..,-.,~' website (southoldtown.norflffork.ne0, the Board of Trustees Office, the Planl~ing .~l~anent, all ~ local libraries and the Town Clerk's office. . ~ '~/ -',-~,--. B. DESCRIPTION OF SITE AND PROPOSEDn~CTIDN The Application has been snbmitted to (check appropriate re~onse): Town Board [] Planning Dept. ~ Building Dept. [] Board of~T~rligtti~es [] 1. Category of Town of Southold agency actiop~h~ck, aplsr0priate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency reguhtion, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) i. ~. (c) Permit, approval, license, certification: ,' 'L' Nature and extent of action: . ~,,~,,-~--?*" ~'~ .... / vror)osed first floor ~.n~zrv add±t±t~ri**i9, x 7')'"w±th a new r)orch and an expansion of tho_ aecond floor (,ailrhin the e×iatr_in? footpr'\za'll::) and creat:e a new deck ar~e over i:he existln~ Sun Porch. Locationofaction: 680 South Lane East Marion Site acreage: .310 (13,438 sf) Present land use: sinqle family residence 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) Nameofapplicant: Iskender Erev & Anaelica Bengolea (b) Mailingaddress: 415 Central Park West Apt 2E NY, NY 10025 (c) Telephone number: AreaCode ( ) 917-754-2534 (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? 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 11I - Policies; Page 2 for evaluation criteria. [] Yes F~ No [-~ (Not Applicable- please explain) This project entails additions and alterations to a aingle family Policy 1 ia not applicable to the project. 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) marJtimm area_ Policy 2 ia not applicah]m to the projmct Atlach 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 - please explain) To the extent that this policy is applicable to the proposed project, visual quality and scenic resources wil be protected at the site throu_~h the protection and maintenance of the well-veqetated embankment bufferin? the Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. MinimiTe 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) This project does not address nor affect erimion control structures or other project_ Attach additional sheets if necessary Policy ~. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Il] - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) The proposed project is consistent with Policy 5 via 3 ma~or components: 1.installation of drywells to controlo and recharqe stormwater runoff, 2.up.qrade the existinq sanitary system to ensure effective treatment of sanitary, waste~ 3.retention of the existin_~ ve_~etation on the embankment bufferin_~ the project from tidal wetlands, which is to be preserved permanentely and also protected from site disturbance durinq construction by a project-limitinq fence and ~aked ha_vbales. 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 IH - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) The project will be consistent wi~h Policy 6 for the same reasons as Policy 5. 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes ~-~ No [] (Not Applicable - please explain) The project will neither affect nor have an impact on air _cfuality in the Town of Southold. Policy 7 is not applicable to the project. Attach additional sheets if necessary Policy 8. Minimi,e 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 - please explain) PUBLIC COAST POLICII~q 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) of an embankment, public access and recreational use of the adjacent projm~t. P]oicy 9 im not app]imable to thm project. Attach additional sheets if neeessaty WORKING COAST POLICIES Policy 10. Protect Southoid'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) is not applicable to the project. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~-~ Yes [] No [] Not Applicable - please explain The project n~ith~_r propo~ nor affe~_t~ c~mm~rci~] or r~_creati~nal f~mheries or other uses associated with the livinq marine resources of Lon~ Island Sound. Policy 11 is not applicable to the project. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No [] Not Applicable - please explain Policy 12 is not applicable to the project. At~ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. Sec LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes [] No [] Not Applicable- please explain The project affect~ neither the ]~ nor dmvel~pment of ~ner~y and mineral -r-~Ol]rCe~. Policy 13 is not appllmab]m to the Page 1 of I Hilary, Scott From: Sent: To: subject: Mark K. Schwartz [mksarqhitect@optonline.net] Tuesday, April 28, 2009 12:12 PM Hilary, Scott RE: Bengolea and Erey Attachments: Erey Survey.pdf Scott, Please review the attached revised survey. The 10' bump out is a one story Sun Room and we are planning to put a second floor deck over that area. The proposed expansion of the footprint is only about 50 sf and is located on the landward side. The entire proposed work on the second floor is bewmd the Coastal Erosion Hazard line. Is that all tile informatkm you need? Please let me know if the project looks OK fro approval next month. Thanks, Maxk From: Hilary, Scott [mailto:scott.hilary@town.southold.ny.us] Sent: Monday, April 27, 2009 11:33 AM To: Mark K. Schwartz Cc: Standish, Lauren; Terry, Mark Subject: RE: Bengolea and Erey Mark, What I need now, in order to complete my review is an accurate representation of how much (what portion) of the new addition will be constructed within the Coastat Erosion Hazard Area. Also, I will need to know if the new addition results in additional ground area coverage within the Coastal Erosion Hazard Area. Thanks! SCOTT From: Mark K. Schwartz [mailto:mksarchitect@optonline.net] Sent: Monday, April 27, 2009 9:33 AM To: Hilary, Scott Subject: Bengolea and Erey [mportance: High Good Morning Scott, We had our Trustees hearing - but I need k~ go back next month. I did not realize tile LWRP was held up, therefore the possible approval of this application. I had the revised survey for the Trustees at the hearing and gave them 5 copies. What do I do next??? I have never had to come back a second time for a hearing. Please let me know. Mark Schwartz 4/28/2009 Page 1 of 1 Hilary, Scott From: Hilary, Scott Sent: Monday, April 27, 2009 11:33 AM To: 'Mark K. Schwartz' Cc: Standish, Lauren: Terry, Mark Subject: RE: Bengolea and Erey Mark, mat I need now, in order to complete my review is an accurate representation of how much (what portion) of the new addition will be constructed within the Coastal Erosion Hazard Area. Also, I will need to know if the new addition results in additional ground area coverage within the Coastal Erosion Hazard Area, Thanks! SCOTT From: Mark K. Schwartz [mailto:mksarchitect@optonline.net] Sent: Monday, April 27, 2009 9:33 AM To: Hilary, Scott Subject: Bengolea and Erey Tmportance: High Good Morning Scott, We had our Trustees hearing - but I need to go back next montli. I did not realize the LWRI' was held up, therefore the possible approval of this application. I had the revised survey for the Trustees at the hearing and gave them 5 copies. What do i do next??? I have never had to come back a second time for a hearing. Please let me know. Mark Schwartz 4/27/2009 COASTAL EROSION HAZARD AREA MAP TOWN OF SOUTHOLD SUFFOLK COUNTY , NEW YORK ADJACENT PROPERTY STORMWATER MANAGEMENT REOUIREMENTS STRAW BALE AND SILT FENCE RECOMMENDED TOE-IN pRE-ASSEMBLED SILT FENCE /,,-..--CITY S'IEEET STRAW BALE DIKE DETAILS SILT FENCE DETAILS \ \\ AREA CALCULATIONS HOUSE w/ J SCTM# 1000-38-06-07 J SIT PLAN 1"=20'-0' HAP LEGEND DECK OVER \ \ r NONTURF BUFFER AS DEFINED BY SOUTHOLD TOWN TRUSTEES: ANY PERVIOUS MATERIAL ALLOWING FOR PERCOLATION OF SURFACE RUNOFF INTO THE SOIL, EXAMPLES iNCLUDE: NATURAL VEGETATION~ WOOD CHIPS, MULCH, GRAVEL, AND SAND FERTILIZERS MAY NOT BE USED WITHIN THE NONTURF BUFFER AREA, PERMISSIBLE VEGETATION TO BE pLANTED IN NONTURF BUFFER AREA: PROPOSED SEPTIC SYSTEM DETAIL REVISIONS 0 D~: JG SCALE: 1/4"=IL0" JOB ~: BECE~ER 8, 2008 SHEET N~ER: ~ xJ~z ? ? A~ ¢~L. 9) NOTES: SURVEY OF PROPERTY SITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK $,C, TAX No, 1000-38-06-07 SCALE 1 "---20' SEPTEMBER 18, 2008 DECEMBER 2, 2008 ADDED COASTAL EROSION HAZARD LINE APRIL 22, 200 REVISED COASTAL EROSION HAZARD LINE AS PER TOWN AREA = 1'~ 48:~ sq. ff. (TO TIE LINE) 0.3 0 ac. CERTIFIED TO: ANGELICA BENGOLEA 1. ELEVATIONS ARE REFERENCED TO N,G.V.D. 1929 EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: 2. FLOOD ZONE INFORMATION TAKEN FROM= FLOOD INSURANCE RATE MAP No. 36105C0177 G ZONE AE: BASE FLOOD ELEVATIONS DETBRMINED ZONE X: DATUM --5----____ AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN, N.Y.S. LTc. No. 50467 han Taft Corwin III Lond Surveyor PHONE (631)727-2090 Fax (631)727-1727 C:\Documents and Settings \User\Local Settings\Temporary Intemet Files\ OLK146\28-299Al.dwg, Model, 4/22/2009 2:26:04 PM, 1:20 ~8--299A