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Home My WebLink About1000-22.-2-3OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAIL1NG 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: January 12, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for DAVID BERWALD SCTM#22-2-3 Patricia C. Moore, Esq. on behalf of DAVID BERWALD requests a Wetland Permit to reconstruct on existing foundation, a new two-story dwelling with new addition landward of existing foundation. Located: 1525 Aquaview Ave., East Marion. SCTM#22-2-3 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: 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 The following BMP's are recommended: l) Install a line of hay bales and silt fence seaward of the proposed action as an erosion control measure to retain runoff sediments during construction. 2) Install gutters, leaders and drywells to control stormwater. 3) Establish a minimum 20' non-turf buffer landward of top of bluff. 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 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. 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 Pro.am. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town)..~-~ 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 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 not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-22-2-3 David Berwald AGENT: Patrieia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals I~_ Category of Town of Southold agency action (check appropriate response): (a) Town of Southold LWRP Consistency Assessment Form (b) Financial assistance (e.g. grant, loan, sl~b~dy) [] (c) Permit, approval, license, c~t~ifi~:, t~: ~ Type:__ Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] \ , ~.\. Nature and extent of action: existing house demolished to foundation, addition on landward side of house and new construction for two story dwelling. Existing house foundation, existing sanitary and garage will not chanffe. Location of action: 1525 Aquaview Avenue, East Marion Site acreage: 51 x 277 but buildable area is landward of CEH Line with 8,150 sq.ft. Present land use: lot with house & ffaraee Present zoning classification: r-40 2. 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: David Berwald (b) Mailing address: 1525 Aquaview Avenue, East Marion (c) Telephone number: (443) 852-0455 (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 eJficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See L WRP Section II1 - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate).' The existing residence built in 1962 will be reconstructed on existing foundation and additional living space on new foundation is on landward side of the exit~inE house. The eixting garage is in the front yard and the sanitary system must be left in place due to lack of public water. The existing house has no drainage and does not comply with current building codes. The new structure will comply with all current regulations. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion 0f appropriate): Disturbed property with no historical archeological resources Town ofSouthold LWRP Consistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): addition and reconstruction of existing residence with no visual impact. Property contains mature native vegetation which screens this house from view. 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 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the proposed reconstruction and addition will require compliance with NYSBuilding Code and drainage code Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes [] No F1 Not Applicable [] Discussion (if appropriate): the existing house already has a new sanitary due to alterations to garage, the new structure will have gutters and drvwells Policy& Protect and restore the quality and function of the Town of SouthoM ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III ~ Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The proposed improvements to the existing house will not impact Fish and wildlife habitat Policy Z Protect and improve air quality in the Town of Southold. See LWRP Section II1 - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): No impact on air quality Town ofSouthold LWRP Consislency Assessment Form 3 Policy 8. Minimize environmental degradation in Town of SouthoM from solid waste and hazardous substances and wastes. See L}VRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on solid waste- property is improved with a residence and owner lives in the house. 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 L WRP Section III- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Private dwelling- no impediment to Long Island Sound WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LIg'RP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): private residence Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section 1II - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): addition and reconstruction of existing house on foundation will not adversely impact living marine resources on Long Island Sound. The foundation will be expanded on the landward side of the house. The house is more than 100 feet from the waters of Long Iisand Sound. The retained foundation will limit activity along the north side of the property. The existing house is 53 feet from the top of the bluff. Policy 12. Protect agricultural lands in the Town of Southold See L WtDD Section III- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Town of Southold LWRP Consistency Assessment Form 4 Discussion (if appropriate): no agricultural lands affected Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on energy or mineral resources. *copy of Town form created on 2/11/06 Town ofSouthold LWRP Consistency Assessment Form 5 Google Earth Aquaview Ave - West Section Map Aquaview Avenue X Goo le Earth A uaview Ave - Middle Section X Goo le Earth A uaview Ave - East Section X 5ERWALD RESIDENCE ?R. OPO~ED FR.ONT ~L~VATION ~ ~Z ~I~TING FRONT ELEVATION ~t~TING LE~ SIDE ELEVATION PROPOSED RIGHT SlOE ELEVATION !~'~?, ,,?'~,i',~~ ~',?;,'?,~, !~I ,'i~- ~ iI ~,-- ,',',',',%'3 ~UII IIIHI I~IT ,',',',',',':~l~l~l~l ~ ,,,,,, ,,,,~ '~' I ,',',',',',':1[1~1~ f ii IIIllr III]1~ IIIHI itu ,',',',',1 H,;: ......... ;,; H PROPOSED LE~I' SIDE ELEVATION SECOND FLR. CEILING HEADER HEIGHT PROPOSED SECOND ELR EXIDTING filR~T ELR CLG. EXISTING FIRST FLOOR GRADE PROP( SCALE: ~" EXISTING RIDGE HEIGHT EXISTING FIP~T FLR CLG. EXISTING FIRST FLOOR PROF'OSED WATERSIDE ELEVATION EXISTING WATEf~,~IDE ELEVATION II / / LINEN SCDHS ReL# R10'05-0016 I am familiar w/Ih the. STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE , DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ond ?i. II obide by lhe =oncllllons set forth IhereJn and on lhe permt! fo construct. The locotions of wells on8 cesspools sttown hereon ore from J~eld obgervelions ond or from dote obtoined from others. SEPTIC SYSTB~f SURVEY OF PROPERTY A T EAST MARION TOwN OF SOUTHOID SUFFOLK COUNTY, N Y. 1000 - 22 - 2 - 3.0 Sc~e: 1"= 30' Aug. 22, 1997 4u~ 29, ~008 ' . ' , Oct.: 17, SO08 (revisions) LINE AREA TO COASTAL ~ROSION ~ EXISTI sq. fl./EISO sq. lt. . ~o. ,, ..... ' COA~7~L EROSION HAZARD'LINEhROM COASTAL EROSION HAZARD AREA MAP .... ~' TEST HOLE 4/27/04 ' PREPARED FOR . PA TTY 8ERWALD IqO, O0' ' A VENUE · b~£oown LIC. NO. 49618 S TREE T 11971 AREA = 14,022 sq. ft, to tie line MAP= OR~,~OPI~,'$BE:BEAR THE IMPREEEED ,~4L ~ THE SURVEYOR ~LLY TO C~y WI~ ~ ~ t~ ~ "ALTERED 97-297 I