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HomeMy WebLinkAbout1000-53.-6-24OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MA1LING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-193 Fax: 631 765-3136 To: From: Date: Re: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Febmaryl0,2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Amendment to Wetland Permit #6978 for ROBERT SWING SCTM#53-6-24 Suffolk Environmental Consulting, Inc. on behalf of ROBERT SWING requests an Amendment to Permit #6978 to include the removal and replacement of the existing floor plates and first-floor joists; raise the existing dwelling by 16" by the addition of two (2) courses of concrete block on the foundation in order to protect the house from flooding and further structural deterioration of the dwelling; construct a second-story loft/storage containing 580 sq.ft, and retain the southern-most wall housing the existing sunroom and existing chimney. Located: 4295 Bayshore Rd., Southold. SCTM#53-6-24 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 Amendment to wetland permit #6978 is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed action of wetland permit #6978 was determined to be inconsistent because the landward addition to the existing dwellino is more thnn 25% and therefore the Amendment is inconsistent. § 268-3. Definitions. MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: BB. Additions to the landward side of an existing dwelling constituting less than 25% of the original structure, except in a Coastal Erosion Hazard Area; [Added 6-6-2006 by L.L. No. 7-2006] Further~ the distance from the bulkhead to the proposed action is approximately 60 feet; a minimum setback distance of 100 feet from the wetland boundary is required pursuant to Chapter 275-3. Findinl~s: i}url}ose; iurisdietion; setbacks. Please require that the applicant amend the proposed action to meet the above policy to the greatest extent practicable. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the $outhoM 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. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. [Amended 10-11-2005 by £.L. No. 17-2005] (1) The following minimum setbacks 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. If the Agenc¥, Board of Trustees makes a contrar~ determination of consistency~ the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H. In the event the LWRP 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 is 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. Tbwn 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 BuiMing 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. If any 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 to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall be undertaken. A copy of the LWRP is available in the following places: ohii~e~aTth~"l?o~'Fof~3 (southoldtown.northfork.net), the , Board of Trustees Office, the Planning Depar~ent. libraries and the Town Clerks office. [],l~,~ i~:, ~ ,:~ B. DESCRI~ION OF SITE ~D PROPOSED ACTION ~:?,,~ .... ~ ~ o. The Application has b~n submitted to (check appropriate responseS. ·own l nn,n eot. : 1. Category of Town of Southold agency action (check appropriate ~s~x (a) Action unde~en directly by Town agency (e.g. capital ~ const~ction, pla~ing 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 amend the existing Town of Southold Board of Trustees Wetlands Permit (No. 69781~ issued October 15. 2008 to include the following activities within the existing single-family dwelline: I:[IRemoval and reolacement of the existing floor plates and Ist floor ioists; (2) Raise the existing dwelling by 16" bv the addition of two 12) courses of concrete block on the foundation in order to protect the house from flooding and further structural deterioration of the dwelling; {31Construct a 2nd-storY Loft/Storaee containin~ 580 scluare feet -+; and (4l Retain the southernmost wall housing the existing sunroom & existing chimney. Attach additional sheets if necessary Location of action: 4295 Bay Shore Road; Arshamomoque; Town of Southold, NY Site acreage: 0.2 acre -+ 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: ROBERT SWING (b) Mailing address: 7 Windsor Lane; East Northport, NY 11731 (c) Telephone number: Area Code ( 631 ) 273 - 5800 (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, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold, ", this proiect is an amendment to our original Trustees permit that had authorized to construct a landward addition to an existin.q dwellin,q within subject property, and is to be modified to permit for the reconstruction of part of the existin,q dwellin.q due to structural failin,qs therein. This property situated within a nei.qhborhood consistin,q primarily of similarly-sized sin,qle-family dwellin,qs within similarly-sized properties, The proposal, as desiqned, will not result in any adverse effects to the surroundin,q environment in that the proiect now includes for the reconstruction "in-place" of part of the existin.q dwellin.q, which has not resulted in any discernible ne.qative impact to the nei.qhborhood since its inception, and will not encroach any further towards the surface waters of Shelter Island Sound to the east. In addition, the surroundin,q nei,qhborhood is comprised of older residential dwellin,qs which have existed harmoniously within this area far years and have not resulted in any form of adverse effects to the surroundin.q environment. Accordin,qly, we believe that this project is consistent with this policy, Attach additional sheets if necessary P~}licy 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 surroundin,q neighborhood cannot be deemed a substantial historic and/or archaeolo,qical resources, 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 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 existing property has been improved with a single-family residence for approximately fifty (50~ years without any evidence of resultin.q in adverse impacts to the nei,qhborhood, In addition, the nei.qhborhood itself Is comprised of similarly sized properties, improved similarly for many years, and which also has not resulted in any form of adverse impacts to the surrounding area, Furthermore, this policy could not preclude both the legal creation of this property as a building lot, or the improvement thereon, 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 Subject property is currently improved with a bulkhead within the western section of subject proper~y and has protected subiect property from any and all flooding and/or erosion events since the improvement thereon. In that this structure has successfully prevented any form of floodin.q and/or erosion thereon, this proposal is not applicable to Policy 4. 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 Subject proposal will comply with Policy 5 in that a more efficient sanitary system is proposed to be installed thereon, and at a greater distance than the existing septic system is located from the wetlands boundary, and that public water is to be utilized. Accordingly, this proposal will not only maintain the water quality and supply within the Town of Southold, but will improve conditions within the site with the installation of the more efficient sanitary system. Attach additional sheets if necessary Pblicy 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 Subiect proposal is not applicable to Policy 6 in that the proposed reconstruction of part of the e×istin,q dwellin.q and the proposed addition will not result in any further encroachment to the wetlands than which presently exists, 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 Subject proposal is not applicable in that the proposal is to reconstruct a part of the existing1 dwellin,q and construct an addition to said dwellin.q, both of which will adversely effect the air quality. Accordin.qly, 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 III - 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 waters in and around subiect property and/or become detrimental to the recreational use of th~, surroundin,q 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 Applicable 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 Il. 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 Subiect proposal is not applicable in that the proposal does not involve any form of marine resource mana.qement (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 Subiect proposal is not applicable in that the proposal does not involve a.clricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal a.qricultural 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 Sublect proposal is not applicable in that the proposal does not involve the conservation of ener~l¥ resources on a commercial level and/or the promotion of alternative ener.q¥ sources, proper maintenance of fuel stora.qe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 October 15, 2008 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: ROBERT SWING 4295 BAYSHORE RD., SOUTHOLD SCTM#53-6-24 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wed., October 15, 2008 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of ROBERT SWING applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated July 7, 2008, 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 Policies 5, 5.2 and 6.3 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the installation of a French drain along the southern side yard property boundary, and in accordance with Chapter 236-Stormwater Management of the Town Code, and the establishment of a 5' wide non-turf buffer, and, ~2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 15, 2008, 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, and, 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 requirements 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 ROBERT SWING to construct an addition to the landward side of the existing dwelling, containing 627 sq.ft+/-, removal of the existing septic system and replace with an updated sanitary system within the front yard, installation of a retaining wall (surrounding the sanitary system) measuring 118'+/- in length X 1.3' in height, installation of a French drain along the southern side yard property boundary and establishment of a 5' wide non-turf buffer along the landward side of the bulkhead, and as depicted on the survey last dated April 8, 2008. 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, oherty, Vice-Pr~ident ,/Board of Trustees BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6978 DATE: OCTOBER 15~ 2008 ISSUED TO: ROBERT SWING PROPERTY ADDRESS: 4295 BAYSHORE RD., SOUTHOLD SCTM#53-6-24 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on October 15, 2008 in consideration of application fee in the sum of $250.00 paid by Robert Swing and subject to t Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits tl following: Wetland Permit to construct an addition to the landward side of the existing dwelling, containing 627 sq.ft+/-, removal of the existing septic system and replace with a updated sanitary system within the front yard, installation of a retaining wall (surrounding the sanitary system) measuring 118'+/- in length X 1.3' in height, installation of a French drain along the southern side yard property boundary and establishment of a 5' wide non-turf buffer along the landward side of the bulkhead, and: depicted on the survey last dated April 8, 2008. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. James F. King '(Absent) EAST ELEVATION NORTH ELEVATION FLOOR PLAN WEST ELEVATION SOUTH ELEVATION LU OFFICE SET PROPOSED SECOND FLOOR LOFT PLAN PROPOSED FIRST FLOOR PLAN EAST ELEVATION WEST ELEVATION SOUTH ELEVATION NORTH ELEVATION PROPOSED FOUNDATION PLAN LOFFICE SET J 9.10.08 A-0 i ~.~ ALL REBAR AS~4 A-615 GRADE 60 ~¢~ ~ $MOY a.4~t FOOLINGS ~E TO BE INSTALLED ~ UN~S~RBED ~*' '~ : I I~~ ~R~N ~L. ~E 80~5 ~ A~ F~nNGS ARE TO BE ~ST~D A ~NiMUM ~ J* SELOW ~ADE UNLE~ O~'~ !* I ~ m~w~m~m~ SOL ~DE ~R. LOT AREA 10063sq?. ~REA OF ~L~S 6834 sq. ll. EX/STING CO~ EXISTING DII~I.L lNG - CONCRETE W~.X$ & SHOWER 182 sq, ft SHED- to be removed I00 sq. fl.: , 1.5~ EXISTI~ ~ = 19. & R~INING D~LI~ ~ ~ITI~ I~ sq, ft = /060.5 sq. ft. I arrm familia' with the STANDAPDs FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE ' DISPO~* SY~I'~S FOR: SINGLE FAMtLY RESIDENCES and w~lJ obid~ by the-conditions set forth therein and on the permit t,~ construct. The Io~ob'o~ of wells and cesspools shown hereon ore fr~m field observations and or from data ~btoined from others. Ele~ti~a re~c~ to N.G. ~D. ~y ~An~ ~ ~ TO ~IS SUR~Y IS ~ HOLAfl~ . OF ~Cn~ 7~9 ~ ~E NEW ~K STA~ EOUCAnON ~ EXCEPT AS PER ~C~ 7209-SUBDI~SION 2. ALL CERnFICA~ONS HERE~ ~RE V~D F~ ~IS M~ AND COPIES ~ERE~ ONLY IF ~OSZ ~ ~P~RS Hg~E~. THE CONTRACTOR IS TO ~ ALL ~4SUREMENTS iN THE REID AN~ ANY DISCREPAIVClE~ ARE TO 8E BROUGHT TO THE A17E2dllON OF TNE EIVGWEER PRIOR TO CON$~UCTIO~ WALL &'~ C~OM (N.r.~) SCDHS ReL# RIO-05-OIOI SURVEY'OF PROPERTY A T ARSHAIkfOMOOUE TOtYN OF $OUTHOLD SUFFOLK COUNTY, N.Y. 1000-53-06-24 SCALE: 1~20' JANUARY 29, 2008 Feb. 14~ 2008 (additions) Mar. 6, 2008 [revisions) March 18~ 2008 (LOT COVERAGE) April 8, 2008 (LOT COVERAGE) NOTE: ALL SURROUNDING, ,v~ELiJNGS ~THIN I~0' HAVE PUBLIC WA TER AREA-lO,063 SO. FT. N80'40'3~, ;'~ [SL A'/VD ' VIE I, Y PUalJC ~,A T~R Iv 180.00' GRAL:NO [~] a: ~A,~E~_R x 2' OE~° SEPTIC SYSTEM . I- I000 GAL. CYLINDRICAL SEP TIC 'tANK 8~ ~ 3.3' LIQUID DI--PTH 5-LEACHIN~ POOLS 8' ~ 2' DEP'rH WITH 3' SAND COLLAR (SW) SEPTIC SYSTEM DESIGN BY CONDON EN~N.G_, P.C. / /:~(:~' ,,:'-~ "~:.X ', (651) 765-5020~(631) 765-1797 P.O. BOX 909 STREET[~ 1~ 1250 TRAVELER SOUTHOLD, N.~ 11971